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III  ' 

THE 

^Common  School  Laws 


PENNSYLVANIA 


DECISIONS  OF  THE  SUPERINTENDENT 


EXPLANATIONS.  ETC. 


RSIVISED   AND   ARRANGED   BY   N.    C.    SCHAEFFER 

Supcriiitendeiit  of  Public  Instruction. 


HAKRISBURtJ: 

('      K     AIIJHINr.AlliH.    I'UINTKK   TO   'rilF.    Sl'ATK   >  IV    t'K  \  NS  V  I .  V  A  \  I  A 

1909 


s 

1505 


CONTENTS. 


DISTRICTS.                                                           '  Page. 

( 'ousolidated    districts    1 

Independent   districts - 

Changes  in  districts *» 

_'owers  and  liabilities  of  districts 17, 

J   ..ll^X'TORS    AND    (CONTROLLERS. 

Election  and  appointment  of  directors  and  controllers,..  18 

Organization    of    the    Board,    ^7 

Duties   of  officers i58 

Meetings   of   the   board,    32 

Powers  and  duties  of  directors  and   controllers o4 

REVENUES  FOR  SCHOOL  PURPOSES. 

State  appropriation 90,178 

Assessment  of  taxes 90 

Duties  of  auditors,    105 

SUPERINTENDENTS  OF   SCHOOLS. 

State    Superintendent,     113 

County    Superintendents 110 

City,   borough  and  township  superintendents 13S 

STATE    NORMAL    SCHOOLS 141 

( iii ) 


iv  CONTENTS. 

I*a"e. 

<'()]. LEGES    AND    ACADEM lES 157 

DISTRICT    SCHOOL    LII'.IIAILIES 15!> 

MIS( 'ELLANEOUS  PROVLSIONS. 

Homes  for  frienfll(>ss  cliildren 105 

Evpnin.i;-  scliools 100 

Schools  for  adults   inchiiliii^   fmvi.tjners 112 

Retireinent   fund    for    tt-nflicis }S7 

Sanitation,   rrlativc  to  heat  and   ventilation,    CI' 

Child     labor 17i) 

Rules   of   order.    r<,rms.    etr. 1S1 


CONSTITUTION  OF  1873. 


ARTICLE   X. 

Efhication. 

Section  1.  Tlio  (ienoral  Assembly  sIkiII  i>rovi<lii  for  tlio  main- 
tenance and  support  of  a  thorou^li  and  elticient  system  of  public 
schools,  wlierein  all  the  children  of  this  ('(uumonwealth  above 
the  a^e  of  six  years  may  be  educated,  and  sliall  appropriate 
at  least  one  million  dollars  each  year  for  that  purp()S(^ 

Section  2.  No  money  raised  for  the  stipi)ort  of  the  public 
schools  of  the  Ciinunonwealtli  sliall  be  ai)propriati>(l  to  or  used 
for  the  support  of  any  sectarian  school. 

Section  3.  Women  twenty-ijne  yars  of  a^e  and  ui)\vards.  shall 
be  eligible  to  any  office  of  control  or  management  under  the 
school    laws   of   this    State. 


(v) 


( ^i ; 


COMMON  SCHOOL  LAWS 


Districts. 

I.  That  a  system  of  Common  School  Education  be  and  the 
same  is  hereby  deemed,  held  and  taken  to  be  adopted,  according 
to  the  provisions  of  this  act,   in  all   the  counties 

of     this     Commonwealth  ;     and     every     township.    Every    township, 
borough     and     city     of     this     Commonwealth,     or    g^*!""! *"  ^Xooi 
which    shall    be    hereafter    erected,    shall    consti-    district, 
tute  and   be  a   school  district  subject   to   the   pro- 
vision of  this  act  (a). 

II.  That  all  boroughs  and  townships  now  connected  in  the 
assessment  of  county  rates  and  levies,  shall  hereafter  be  sep- 
arate and  independent  of  each  other  in  the  assessment  of  said 
rates  and  levies,  and  for  school  purposes;  and  the  respective 
townships      and      boroughs      so     separated      shall 

elect  their  own  assessors  and  other  officers,  whose    ^^^g'  ^'*^'^*  asses- 
duty    it    shall    be    to    exercise    the    same    powers 
and    authority   as    are    now    exercised    by    township    assessors   gen- 
erally,  in   the  discharge  of   their  duties   in   relation   to   the  assess- 
ment  of  county   rates   and   levies   (b). 

CONSOLIDATED    DISTRICTS. 

III.  That  school  districts  which  are  composed    school  districts 
of    cities    or    boroughs,    divided    into    wards    for    divided    into 
school    purposes    at    the    time    of    the    passage    of    wards. 

this    act,    shall    be    constituted    as    follows,    to-wit.      Each    ward 
shall    retain    its    school    property,    both     real    and    personal,    and 
elect    a    separate    board    of   directors,    who   shall    exercise    in    their 
respective    limits    all    the    powers    and    duties    of   school    directors, 
as    regards    the   erection    or   repairing   of   school    houses   and    lots; 
and    shall    also    levy,    assess,    collect    and    disburse    in    and    upon 
their  respective  wards  all   taxes  rendered   necessary   to  the  proper 
exercise    of    the    foregoing    powers :    but    all    other 
powers  and   duties   i)eitainiiig   (o   the   school   direc-    I'owei-s  to  be  ex- 
tors,     which     are    conferred     or    enjoined     by     this    ^{.0^^,^^.       '^""' 
act,    shall    be    exercised    in    such    city    or    borough 
by    a    board    of    cfintrollers.    composed    of    the    directors    of    the 
several  wards,  who  are  hereby  authorized  and   required  to  perform 
all  the  duties  belonging  to  boards  of  directors   in  single  districts, 

(a)  Act  of  May  8,   1854,  sec.   1,   P.  L.  p.   617. 

(b)  Act  May  8,    1855,   sec.    10    P.   L.   p.   511. 

(1) 


2  SCHOOL    I>A\VS   AND   DECISIONS 

\\  itli  tlic  (exception  contained  in  this  section:  I'lovided,  Tliat  wlienever 

all  the  boards  of  directois.  in  any  such  city  or 
When  such  dls-  boroufrh,  sliail  volnntarilv  (^xecute  deods  of  ron- 
soiUiated.        °"'      voyanco    to    the    board    of    controllers    for    all    the 

school  property  belonging  to  their  respective  wards, 
and  shall  certify  the  same  to  the  Superintendent  of  Common 
Schools,  then  and  in  that  case,  such  city  or  borough  shall  there- 
after compose  a  single  school  district,  in  the  same  manner  as 
districts  not  divided  into  wards;  but  the  number  of  directors 
theri'after  elected  in  such  city  or  borough  shall  be  three  for  each 
ward    (c). 

I  \'.  That  the  act  approved  Ma.v  fourteen,  one  thousand  eight 
Ininlred  and  seventy-four,  entitled  "An  act  to  prescribe  the  man- 
ner in  which  the  courts  may  divide  boroughs  into  wards."  be 
.•1  mended     and     extended     as    follows:       Amend     and     extend     sec- 

tion  four,  which  reads  as  follows.  "That  when 
oiected      ^^"^^        said    report    shall    have    been    confirmed    by    the 

court,  it  shall,  at  the  same  time,  decree  the 
election  of  an  equal  number  of  councilmen  and  school  directors 
in  each  of  the  wards,  in  such  a  manner,  however,  as  not  to  inter- 
fere with   tlie  terms  of  those  heretofore  elected,"  he  amended  and 

extended  to  read  as  follows:  That  when  said  re- 
Comts  may  in-  port  shall  have  been  confirmed  by  the  court.  i1 
f-rpiise  nnnihor  shall  at  the  same  time  decree  the  election  of  an 
three  for  each  e(jual  number  of  councilmen  and  school  directors 
wnrd.  in  each   of  the  wards,    in  such  ;i   manner  as  uoi  lo 

interfere  with  the  terms  of  those  heretofore  elected. 
And  the  said  court  may,  after  having  once  fixed  the  number  ol 
councilmen  and  school  directors,  increase  the  same,  on  jjetition 
of  citizens  of  any  such  b(. rough,  to  any  nnmi)er  not  exceeding 
three  for  each  ward,  and  al  the  next  succeedin'.;  municipal  election 
thereafter  the  nuicber  of  councilmen  and  school  directors,  as  afore- 
said fixed  shall  be  ehK'ted  as  is  provided  for  by  existing  laws  (d). 

1.  Other  a'-ts  pertaining  to  this  subject  will  be  found  as  fol- 
lows: Act  May  14.  1S74.  page  l."!).  and  its  supplements  of  Feb- 
ruary 17,  ISTC.  pane  0:  March  24.  1.S77,  page  47;  Mav  10.  187.S. 
page  51  :  February  IT,.  18S.'i.  page  f. :  Mav  24.  1887.  pag"e  204:  and 
-Xfay  28.  1887.  page  274. 

IXDErEXDKNT   DISTRICTS. 

How    ijiiiciMii '  V.      That   upon   petition   of   not   letss   than  twenty 

liiit  (liatrictii  uui.v  taxable  inhabitants  of  any  ro\vnshi[)  or  town- 
be  formed.  ships,  desiring  the  formation  of  the  territory  upon 
which  they  reside  into  a  sei)arnte  and  independent  common 
school    district,    and    setting    forth    the    bounds    of    such    pro])osril 

Iv)    Act   >ia.T    S.    1854.    sec.    L',    P.   L.    p.    617. 
{<])    Act   .May   l.'i.    1889.    rpc.    1,    P.    I,,   p.    193 


OF  PEA'NSYi.VANIA.  H 

district,    tlie   court   of   yuater  sessions   of   the   proper   c(juuty   sliail 
appoint    oomuiissiouers    to    view    the    premises    and    report    to    tlie 
court,   at    its   next    term,    the   lines   of    the    proposed    new    district, 
either  accordins  to  tlie  bounds  set  forth  in  the  pe- 
tition, or  to  such  other  bounds  as  they  shall  think    ^j"^,  .l"'^^''."^"''',",',' 
more  advisable,  togetlier  with  their  opinion  on  the    'tolm^L    "^'^^     " 
expediency  of  establishing  or  not  cstablishin:;-  the 
same;  the  proceedings  upon  which  petition ,  commissiou  and  report, 
and  the  final  disposition  thereof,  shall  in  all  other  n'spects,   be  ac- 
cording to  the  act  of  Assembly  now  in  force,    relative  to  the  erec- 
tion of  new  townships:  I'rovided,  That  if  said  i)roceedings  result  in 
the  establishment  of  a  new  common  school  district  the  cost  of  the 
commission  and  the  office  fees  shall  be  paid   by  said  new  district ; 
but    if   otherwise,    said    costs    and    fees    shall    be    paid    l>y    the    ue- 
titioners  themselves  (ej. 

VI.  That  whenever  a  new  district  shall  be  erected,  according 
to  the  provisions  of  this  act,  it  shall  become,  to  all  intents  and 
purposes  of  the  common  school  system  of  the  State,  a  separate 
and  independent  district,  subject,  however,  to  the  provisions  of 
the  third  section  (No.  VII)  of  the  act  to  which  this  is  a  sup- 
plement (f). 

VII.  That  when  a  new  district  shall  hereafter    when   districts 
be   formed,    such    district    shall    not    be    considered    bccoine    imtepen- 
and    recognized    tis    a    separate    and    independent    'l*""' 

school   district   \uitil    after   the   termination    of    the   current   school 
year  in  which  it   became  a   new  district,  and   until  it  ha\e  a   full 
board    of  directors    regularly   elected    or   appointed   and    organized, 
except    that    the   directors    thereof   shall    have   au- 
thority   to    levy,    assess    and    collect    tax,    procure    ^^^d'^  "^  '" " 
school    houses    and    do    all    other    acts    necessary 
to   the  commencement   of  the   schools  for   the  ensuing  year   (g). 

2.  Directors  in  office  when  changes  of  districts  or  district  lines 
are  effected,  are  to  continue  to  act  as  directors  of  the  old  dis- 
trist  till  the  end  of  the  then  current  year  of  their  term  of  office. 
If,  however,  a  director  residing  in  a  part  of  an  old  district  which 
has  been  struck  off  into  a  new  or  another  district,  be  elected 
director  to  such  new  or  other  district,  he  should  resign  his  place 
in  the  old  board  and  not  act  in  both. 

3.  The  board  of  a  new  district  may  do  every  officitil  act,  dur- 
ing the  year  next  before  that  in  which  it  goes  into  septirate 
and  independent  operation,   necessary  to  the  putting  of  tlie  schools 


(e)  Act  May  8,    1855,   sec.    ■'>,   p.    L.   p.   500. 

(f)  Act  May  8,   18.^.5,   sec.   0.  P.   L.  p.   510. 

(g)  Act    May   8,    1854,    sec.    :i,    P.    I,,    p.    61'; 


4  SCnO()r>   LAWS  a\d  DKriSIOXS 

into  full  working  order,  except  that  of  actual  opening  them  for 
instruction.  All  taxes  levied  and  contracts  made  for  these  pur- 
poses are  as  binding  as  if  levied  and  made  by  an  old  district. 

VIII.  That  the  true  intent  and  meaning  of  the  provisions  of 
the  supplement  to  the  general  school  laws,  approved  the  eighth 
day  of  May,  Anno  Domini  one  thousand  eight  hundred  and  fifty- 
five,  for  the  creation  of  independent  school  districts,  was  and  is 
to  provide,  in  a,  guarded  manner,  for  exceptions  to  the  general 
rule,  and  to  protect  and  promote  the  educational  welfare  of 
occasional  localities  that,  from  natural  or  other  adequate  obstacles, 
could  not  be  properly  provided  for  under  the  organization  of 
township  districts;  and  further,  it  was  not  the  intention  to  cut 
up  townships  into  single  school  districts,  nor  to  carve  out  the 
wealthier  from  the  poorer  portions  of  a  township  or  townships, 
to  the  prejudice  of  the  rights  and  interests  of  the  latter:  And 
it    is    further    enacted,    That    when    an    independent    district    has 

been  created  in  violation  of  these  principles,  the 
Court  may  annul  court  of  quarter  sessions  of  the  proper  county 
fn^ependent  di8-  ^^  hereby  authorized  and  required,  ujjon  applica- 
trict.  tion  of  not  less  than  twenty  citizens  of  the  town- 

ship or  borough  affected  thereby,  to  open  the  de- 
cree of  the  court  by  which  it  was  created,  and  after  re-examiua- 
tion  upon  the  merits,  confirm  or  annul  such  district,  as  the  evidence 
may  require ;  and  hereafter  no  independent  district  shall  be  created. 
in  any  case,  without  the  unanimous  concurrence  of  the  court  (h). 

4.  The  rights,  powers  and  duties  of  every  independent  district, 
legally  established  and  in  operation,  are  similar  in  all  respects 
to  those  of  a  regular  district  composed  of  a  township  or  bor- 
ough. 

IX.  That    in   all    cases   where   an    independent    school    district 

has  been  created  by  any  of  the  courts  of  quar- 
schoof°d1stricts  *-^'"  sessions  of  the  peace  of  this  Commonwealth, 
or  by  act  of  Assembly,  it  shall  be  lawful  for  the 
court  of  quarter  sessions  of  the  county  in  which  such  independ- 
ent district  is  located,  upon  application  to  said  court  of  a  majority 
of  the  taxable  citizens  resident  within  the  limits  of  such  inde- 
pendent school  district,  bv  petition,  setting  forth 
Petition  of  clti-  jijat  they  desire  the  abolition  of  said  dis- 
**  "*  trict,  to  hear  and  determine  the  application  upon 

Discontinuance  ^^^    merits ;    and    if    deemed    expedient,    the    said 

of  district.  court   shall   discontinue   the   said    independent   dis- 

trict (i). 

X.  If  any   such    independent   district   be   discontinued,   as   pro- 


Mi)    Act   May  20,   1857,   sec.    1,   P.   L.    p.    587. 
(i)    .4ct  April   22,   1903,  see.    1.   P.   I.,   p.   2;!7. 


OF  PENNSYLVANIA.  5 

vided    in    section    one    of    this    act,    the    school    property    of    such 

independent   district    shall    revert    to    the    districts 

out  of  which   such   independent   district   was   oris-    property 

inallj'    created,    and    shall    be    apportioned    amonjj 

said  districts  in  such  manner  as  required  by  existincr  laws  (j). 

Note. — That  the  provisions  of  this  act  shall  not  apply  to  in- 
dependent school-districts  composed  of  parts  of  adjoinins:  counties. 

CHANGES   IN  DISTRICTS. 

XI.  That  when  a  ))ortion  of  a  common  school  district  is  de- 
tached   therefrom    by    the    alteration    of    township 

or   borough    lines,    or   when   an    independent    school    When    alteration 
district  is  abolished,   such   alterations  or  abolition    ^[stri'°t""akes°^ 
shall   not   take  effect   for  school   purposes,    till    the    gfifect. 
commencement   of   the   school    year   next   after   the 
end   of   that   in   which    it   shall    have   been   decreed    and   confirmed, 
and    the    directors    in    the    detached    portion,    or    in    the    abolished 
district,  as  the  case  may  be,  shall  continue  to  exercise  their  office 
till   the  end  of  the  year  in  which   said   alteration   or  abolition   oc- 
curred  (k). 

XII.  When  a  new  school  district  is  formed,  the  court  estab- 
lishing the  same  shall  determine,  on  hearing,  whether  an  undue 
proportion  of  the  real  estate  and  school  houses  belonging  to  the 
old  district  or  district.s,  is  within  the  bounds  of  the  new  dis- 
tricts, and  if  so,  how  much  money  shall  be  paid  therefor  by 
the  new  to  the  old  district  or  districts  ;  and  if  any  money  be  on 
hand,  or  debt  unpaid,  or  any  tax  or  other  claims  be  uncollected 
after  the  settlement  of  all  accounts  of  the  current  year,  the 
proper    court    shall    divide    said    money    or    debt 

amongst  the  districts  in  such  proportions,  and  How  property  to 
shall  make  such  order  as  to  uncollected  tax  or  ^„^,^^Ti^^ o^'n.-.v 
other  claims  as  shall  be  just,  and  any  sum  thus  rtisd.jet. 
decreed  to  be  due  by  any  district  or  individual 
shall  be  entered  in  the  nature  of  a  judgment  against  the  same, 
and  shall  be  subject  to  execution  in  the  manner  prescribed  by  the 
twenty-first  section  of  the  general  common  school  laws  of  the 
eighth  of  May  one  thousand  eight  hundred  and  fifty-four  (1). 

XIII.  That,  whenever  proceedings  shall  have  been  or  shall 
hereafter  be  commenced  in  any  court  of  this  Commonwealth 
for  the  purpose  of  changing  the  limits-  of  any  borough,  by  an- 
nexing  thereto   any   adjacent    tracts   of   land,    or   detaching    there- 


(1)   Act  April  22,   1903,  sec.  2.  P.  L.  p.  237. 
(k)    Act  April   11,   1862,   sec.   :!0.  P.  L.   p.   473. 
(1)   Act  April   11,  1862,  sec.  11,  P.  I-.  p.  474. 


G  SCHOOL   LAWS   AND   DECISIONS 

Iroin    any    territory    iucluiled    tlierein,    and    the    same    shall    Lave 
lireii   a p). roved   by   the  grand   jury   to   which   the  application  shall 
.  ,      have    been    submitted,    it    shall     be    the    dutv    of 
auditor     ''^'^  ?=!'<'    ^«ui"t'    l^efore    entering    the    decree    confirm- 

ing  the   same,    to   appoint   an   auditor,   who   shall 
ascertain    the    existing    liabilities    of    the    several 
Auditor  to  astvi-    boroughs,    townships    and    school    districts,    which 
tain  liabilities  ..f    ^^^.^y  j,,.  .,ftected   by  the  said   change  of  limits,  the 
ested,'^  aniounl  and  value  of  the  property  owned  by  each, 

and  the  amount  and  value  of  the  property  pass- 
ing to  or  from  each  borough,  township  or  school  district,  and  the 
assessed  valuation  of  all  property  liable  to  taxation  for  borough, 
township  or  school  purposes,  as  shown  by  the  last  annual  assess- 
ment in  each  of  said  boroughs,  townships  and  school  districts, 
and  within  the  limits  of  the  part  annexed  to  or  detached  from  said 
borough,  and  shall  report  the  same  to  said  court,  with  the  form 
of  a  decree  adjusting  the  liabilities  for  all  indebtedness  and  the 
value  of  property  held  or  acquired  by  each  justly  and  equitably 
upon  said  borough,  township  and  school  district,  resjiectively ; 
and  said  court  shall  be  authorized  to  direct  the  amounts  that 
shall  be  paid,  one  to  the  other,  and  the  time  and  mode  of  pay- 
ment, and,  if  necessary  to  a  proper  and  just  adjustment  of  the 
same,  may  order  and  direct  a  special  tax  to  be  levied  ui)on  the 
property  so  annexed  to  or  detached  from  said  borough,  for  the 
payment  of  so  much  of  the  indebtedness  as  may  be  awarded 
against  it,  and  direct  how  the  same  shall  be  assessed  and  col- 
lected  (m). 

XIV.     Said  court  shall  at  the  time  of  making  such  appointment 
of    an    auditor,    direct    notice    to    be   given    of   the 
gmn'ted    ^°  ^'™*^    ^^^    place    of    meeting    of    the    auditor    and 

of  the  time  of  making  his  report,  and  of  the 
hearing  thereon,  in  such  manner  and  for  such  time  as  it  may 
deem  necessary  and  proper  to  give  full  notice  to  all  parties  in- 
terested, and  shall  make  such  other  and  further  orders  as  may, 
to  it,  seem  meet  and  proper  (n). 

XV'.  Upon  making  the  decree  hereinbefore  provided,  the  same 
shall  be  conclusive  upon  all  parties  interested 
to  be'flnai  ^'^^^^  ^^'^  ^^^^  ^'^"^  court  shall  have  power  to  enforce 
the  same  by  appropriate  orders  and  decrees,  and 
by  attachment  of  all  public  officers  refusing  to  obey  the  same, 
and  to  punish  such  disobedience  by  fine  and  imprisonment,  or 
either,  at  the  discretion  of  the  court  (o~l.* 


(Ill)  Act  Juue  1,  1887,  sec.  1,  P.  L.  p.  28.5. 
(11)  Act  June  1,  1887,  sec.  1',  T.  L.  p.  285. 
(o)    Act  June  1,   1887,   sec.   d,   P    L.   p.   285. 


OF  I'ExNNSVLVAXIA.  7 

X\'J.      \Vht'U    ilio   said    coiirt   shall    make   a   decree   eliaugiug   the 
limits    of    r.ny    borough,    by    detacliing    therefrom    any    portiou    of 
the  territory   included   therein,   it  shall   be   the  duty   of  said  court 
to  make  a   further  deci'ee.   directing  that   tiie   portiou   so  detached 
shall  constitute  a  new   borough,  a   new   townshii).   or  become  part 
of   an   adjacent   borough,    township   or    townships,    as    to    the   said 
court    may    seem   for   the    best    interests    of    the    several    boroughs, 
townships  and  school  districts  affected   thereby,   and   the   residents 
of   territory   so   detached,    and    in    case   of   the   erection    of   a    new 
borough,    or    township,    or    school    districts,    shall 
order    and    direct    a    special    election    to    be    held    sMeei'ai *°e°e*'t'^'cii 
for    the    election    of    proper    officers    therefor,    a; 
provided    by     law ;     l'rfi\ided.     That     no     new     borough     shr.ll     be 
created    unless    the    intention    to   do    so   has    l)een    set    forth    in    the 
original   petition  tiled,  or  after   tliirty  days'   notice     . 
in   sucti   manner  as   the  court   may   direct   d)).  >.<>tic('    ivguiicd. 

X\'1I.      In    case    the    otRcers    of    the    borouiih    frciu    whicli    any 
territorv   is  detached,   or  any  of  them   shall    reside   in   the  portion 
so    detached,    they    shall    from    the    time    of    the    dec-:ee    cease    to 
exercise    the    function    of    said    officer    or    otKcers. 
auc.    the   same   shall    be   and    become    vacant,    and    an-  to^ be" fiUed 
shall    be   filleJ    in    the    manner   prescribed    by    law 
for  tillini'-  vacancies  in   such   offices ;   anu    the   remaining  members 
of   council    shall    constitute   a    quorum    for    the    transaction   of   all 
iiusiness    until     the    vacancies    shall    have    been     filled    as    herein 
provided   (,q). 

r>.  In  regard  to  real  estate  and  school  houses  the  new  district 
is  to  pay  the  old  for  any  undue  prJl)l'•■^ioa  thereof  tliat  may  be 
within  the  territorial  limits  of  the  newly-formed  district,  as  the 
court  shall  direct. 

(>.  In  regard  to  mont'y  on  hand,  or  uncollected  claims,  and 
to  debts  or  liabilities,  after  settlement  of  all  accounts  for  the 
year,  before  actual  separaticn  takes  effect,  the  new  district  is 
to  pay  to  the  old,  or  the  old  to  the  new,  as  the  balance  shall  lie 
ascertained  to  fall,  and  the  court  constituting  the  new  district 
shall  decree. 

X\'III.  That  the  school,  real  estate,  and  movable  property 
within  any  detached  portions  of  districts,"  or  abolished  districts, 
shall  pass,  with  the  territ(!ry  on  which  they  ai'e  situated,  to  the 
district  or  districts  to  which  such  territory  becomes  attached, 
or  reverts,   with  like   right   in   the  directors   tliereof  to  use  or  sell 


(p)    Act  June   1,   1887.  sec.   4,   P.   L.   p.   286. 
(q)   Act  June  1,  1887,  sec.   5,  P.  L.  p.  286. 


8  SCHOOL   LAWS   AND   DECISIONS 

the   same,    as    the   proper   directors    hnd    before    the    alteration   or 
abolition.     And  if  anv  numev  be  on  band  or  debt 
Division  of  prop-    ^mpaj,],  or  any  tax  or  otb<n- V-laims  be  uncollected 
aftoi-    the    spttleniont    of   all    acconnts   of    the   cur- 
rent   year,    tlic    proper    court    shall    divide    said    money    or    debt 
amongst    the    districts    tlius    acciuirins    territory,    in    such    propor- 
tions  and   shall   make   such    onh^r   as   to   uncollected    tax   or  other 
claims    due    by    said    abolished    districts    to    any    person    or    per- 
sons,  as  shall   be  just ;    and   any  sum   thus  deemed    to   be   due   by 
any  district  to  any  district  or  individual,  shall   be  entered  in  the 
nature  of  a  judgment  agninst  the  same,  and  shall 
ciftlon'  ^^'^      ^^     subject     to     execution     in     the     manner     pre- 

scribed by  the  twenty-first  section  of  the  general 
conmion  school  law  of  the  eighth  of  May.  one  thousand  eight  hun- 
dred and  fifty-four  (r). 

XIX.  That  the  several  courts  of  quarter  sessions  of  this  Com- 

monwealth shall  have  authority,  within  their  re- 
Courts  may  an-  spective  counties,  to  annex  the  land,  or  parts 
another "nship  thereof  of  persons  resident  in  one  township  or 
or  borough.  l)orou",ii     to    anotlier    township     or    borough,    for 

school  purposes,  so  that  when  so  annexed  the 
applicant  shall  pay  his  school  taxes,  and  lie  included  within  the 
school  district  to  which  it  is  so  annexed,  for  educational  purposes, 
and  remain  connected  with  the  district  or  township  of  his  resi- 
dence, for  all  othei'  purposes  :  and  the  said  court  shall,  upon  the 
petition  of  any  one  desiring  such  change,  proceed  by  views  and 
reviews,  in  the  manner,  and  under  the  restrictions  provided  under 
the  act  of  the  General  Assembly,  approved  April  fifteen,  one 
thousand  eight  hundred  and  thirty-four,  with  its  supplements, 
in  regard  to  the  alteration  of  the  lines  of  any  two  or  more  ad- 
joining townships:  Provided.  That  all  the  costs  "of  such  proceedings 
shaU  be  paid  by  the  person  or  persons  applying  for  such  change  (s). 

XX.  That  the  several   courts  of  quarter  sessions  of  this  Com- 

monwealth, shall  have  authority  within  their  re- 
Courts  may  an-  spective  counties,  to  annex  the  land,  or  pai'ts 
crues''for  School  thereof,  of  persons  resident  in  one  township  or 
imrposes.  boroush    to    another    township,    borough,    or    to    a 

city  containing  U'^t  more  than  ten  thousand  in- 
habitants for  school  purposes.  That  the  ti"ansfer  of  lands,  or 
parts  thereof,  of  residents  of  a  tov\nshii)  or  borough,  to  any  such 
city  for  school  purposes,  shall  only  be-  by  and  with  the  consent 
of  the  boai'd  of  school  directors  of  both  districts ;  that  this  act 
shall  not  affect  any  case  now  pending  in  any  of  the  courts  of 
this  Commonwealth  (t). 

(r)  Act  April  11.  1862.  sec.  10,  P.  L.  p.  47,*?. 
(s)  Act  (if  Anril  i;'.,  1867,  sec.  1.  P.  I.,  p.  80. 
(t)    Act   Aidil   IT.   1876,   sec.    1     P.   L.   p.   38. 


OF  PENNSYLVANIA.  9 

XXI.  That  the  act  to  whidi  lliis  is  a  supijloinent,  shall  be 
construed  to  include  all  cases  of  persons  being  resident  of  any 
township  or  borough,  to  have  other  lands  owned  by  them  in  any 
other  township  or  borough,  annexed  to  th'^  borouuli  or  township 
in  which  they  reside,  in  the  inniinei-  and  for  th(^  ])urpose  herein 
mentioned   (u). 

XXII.  That  wliene\er  teirilory  adjacent  and  adjoining  any 
city    of    the     third     class    (Nmiiirising    one    school 

district    has    been    or    shall    hereafter   be    annexed    now"Tustr?'^t '  °^ 
to  and  made  a  part  of  any  such  city  of  the  third      ^      '       '^  ' 
class  that  the  territory  or  district  so  annexed  shall  constitute  and 
form  a  part  of  the  school  district  of  said  city  (v). 

XXIII.  That  the  clerks  of  the  courts  of  quarter  sessions  of 
the  several  counties  of  this  Commonwealth  shall  forward  to  the 
Superintendent    of    Common    Schools,    a    certified 

copy    under    seal    of    the    decree    of    said    court    of    ^"''"^Jlt^"",  '■'^ 
their  respective  counties,  creating  any  new  school    be^certified  ** 
districts,   whether  it   be  formed   by   the   incorpora- 
tion of  a  borough,  the  creation  of  a  new  township,  or  the  forma- 
tion  of   an   independent   district,    said    certificate   to   be   forwarded 
within   thirty   days   after   the   entry   of  such   decree ;    the   costs   of 
such   certificate  shall   be  a   legal   charge  against   the  district  thus 
formed  (w;. 

XXIY.     That   whilst   proceedings  are   pending  in   any  court  of 
this  Commonwealth  for  the  division  of  any  town- 
ship or  school  district,  or  for  the  erection  of  any    Tax  cannot  be 
borough,    it    shall    not    be    lawful    for    the    school    "^^'f.'J  ^'^i'e  pro- 
directors    of    the    township    or    district    proposed    pendin?   ^^^ 
to   be  divided,    or   out    of   which    such    borough    is 
proposed  to  be  erected,  to  levy,  assess  or  collect  any  tax  whatever 
for   the   i)urchase   of  ground    or   for  school   building   purposes,    ex- 
cept where  the  same  shall  be  necessary  to  rebuild  a  school  house 
accidentally  injured  or  destroyed,   or  to  pay  a  building  debt   pre- 
viously incurred  (x). 

7.  A  new  district  cannot  be  recognized  by  the  Department  of 
Public  Instruction  till  the  certified  copy  of  the  decree  of  the  court 
required  in  section  XXIII  has  been  received. 

XXV.     That    whenever    any    new    district    shall    be    formed    in 
any    county    of    this    Commonwealth,    it    shall    be 
the  dutv  of   the  commissioners    thereof   to   certify    ^".'*y.  °^   '^"'"' 
to    the    Superintendent    of    Common    Schools,    be-    ""^^'on^''^- 
fore    the    commencement '  of    the    next    succeeding    school    year,    the 
number   of   taxable    inhabitants    therein,    and    also    the    number   in 
the  district  or  districts  from   which   it  was  taken,  separately,  ac- 


(n)  Act  April  20,  1869,  sec.  1.  P.  L.  p.  80. 
IV)  Aft  .7 imp  24.  189.5,  sec.  1.  P.  L.  p.  239. 
(w)  .Act  April  17.  186.5,  sec.  1.  P.  L.  p.  62. 
(s)    Act  Jnne  l.H,   1874,  sec.   i,  P.   L.  p.   284. 


1(1  SCHOOL    LAWS   AND   DKCLSIONS 

cordiuj;  to  the  last  precediug  triennial  eniuuemtiou  oi  taxables 
made  for  school  purposes,  so  that  the  wlnile  nmiiher  iu  such  new 
districts,  and  iu  that  or  those  out  of  which  it  was  itikeu,  being 
added  together,  shall  be  neither  greater  nor  less  than  the  num!)er 
that  was  therein '  before  the  change  was  iua<ie,  and  according  to 
the  last  triounitil  certificate  or  return  of  taxalilcs  tlu-j-eof  m.-idi-  bv 
the  said  couKuissioners  (y). 

XXVI.      That    every    school    district    which     has    been    or    may 

hereafter    be    formed    by    the    erection    of    a    bor- 

dut'T^t*^   h'^n""'         ough   out   of   any    township   or   parts   of   adjoining 

share'' in^HKhts        townships   shall    share,    in  just    proportion,   in   the 

ami  liabilities  of      rights    and    liabilities    of    the    school     district     or 

lownships  from        districts    of    the    said    township    or    townshijis    ex- 

wiiicu  formed.  isting    at    the    time    of    the    incorporation    of   such 

borough,   the  proportion   of  such   new   school   district   to   be  asc-,')- 

taiued    by    reference    to    the    assessment    of    said 

How   proportion-      township    or    townships    for    the    year    iu    which 

ate  share  of  each    such    borough    was   incorporated,   and    iu   all   peud- 

tained  "^  '***"'^''         ing   actions    by    or   against    the    scliool    district    or 

districts   of   the   said    township    or    townships,   and 

in  all  actions  thereafter  brought  by  or  against  the  same,  the  new 

school    district    or    districts    liable    or    entitled    as 

Action   i^y   or  aforesaid    shall,    bv    rule    of    court,    be    made    co- 

aga.ust   to^ynsh,p.     ^^^^,^.^^    pluiutin'    or    defendant    as    the    c.ise    may 

be  (z). 

8.  No  appropriation  can  be  paid  to  a  new  district  until  ihis 
certificate  has  been  prepared  by  the  proper  commlssiouers,  and 
is  on  file  in  the  Department  of  I'ublic  Instruction. 

XXVIL  Whenever  any  township  has  been  or  may  hereafter 
be  entirely  merged  into  more  tha.i  one  borough. 
Rights  and  liHbil-  3^(3  ^^]^^,  township  shall  thereby  have  ceased  to 
siifp  hiiB^'been"'di-  ^^ist  and  the  school  district  of  the  lownsiiip  be- 
viiied  Into  two  or  come  merged  into  the  school  districts  of  ihe  boi- 
more  boroughs  oughs    erected    out    of    said    towuships.    ihe    lights 

exi'ltTs^^a  town  ^^^  liabilities  of  the  said  township  shall  devolve 
sljlp.  '    in    just    proportion    upon    the    school    districts    of 

the  said  several  boroughs,  but  the  school  distri<-t 
of  no  such  borough  shall  be  entitled  or  liable  as  utoresaid,  except 
as  to  such  rights  and  liabilities  as  existed  at  the  vnd  of  the  eurient 
school  year  in  whicL  it  becatne  a  new  district,  nnl  rhe  proportion 
of  each  new  district  as  aforesaid  shall  be  ascertairie.l  in  like  man- 
ner as  prescribed  in  the  first  section  of  this  act :  and  in  all  ac- 
tions pending  by  or  against  the  school  distri-.-t  of  said  township, 
the  school  district  or  districts  of  the  borough  or  boroitghs  en- 
titled or  liable  as  aforesaid  shall,  by  rule  of  court,   be  substituted 

(y)   Act  May  3  8.  1854,  sec.  40,  P.  L.  p.  629. 
(7.)    Act  .Tune  24,    1895.   sec.   1.   V.   L.   p.   259. 


OF    I'HXXSVI.VANIA.  11 

instead  of  the  scliool  district  nf  said  township,  and  in  ail  actions 
thereafter  brought  on  matters  in  behalf  of  or  luainsj  ihe  schoi  I 
district  of  said  township,  the  school  district  or  districts  of  the 
borough  or  boroughs  entitled  or  lialde  as  aforesaid  hiiall  bp  ti.c 
proper  parties  to  prosecire  or  defend  the  sa>ue  as  liie  casi> 
may  be  (ai. 

XXVIII.  Whenever  an.v  school  district  has  been  or  many  here- 
after be  formed  as  aforesaid,  or  \\henever  any  scliool  district 
has  been  or  may  hereafter  be  <>ntirely  merged  into  mure  than 
one  school  district  as  aforesaid,  any  court  of 
common  pleas  in  the  i)roijer  couut.v.  sitting  in  Court  sitting  in 
equity,  shall  have  power  upon  the  applTcitiou  ^JJ^t '•''^nrt '^app,',','/ 
of  any  one  or  more  creditors  of  the  school  dis-  ^j^^  indebtertn'i'-ss. 
trict  or  districts  of  said  townshii)  or  townships, 
or  upon  the  application  of  the  proper  authorities  of  the  school 
district  or  districts  of  any  said  township  or  townships,  borough 
or  boroughs,  or  either  of  them,  by  suit  or  suits  in  equity,  to  ascer- 
tain the  indebtedness  of  the  school  district  or  districts  of  the 
snid  townshi]i  or  townships  at  the  time  of  the  formation  of  each 
of  the  scho,>l  districts  of  said  boroughs  respectively,  and  to 
equitably  adjust  anu  apjHirtioii  said  indebtedness  between  the 
school  district  or  districts  of  said  township  or  townships  and 
l)orough  or  boroughs,  and  between  the  several  school  districts 
of  tlie  boroughs  into  which  any  township  shall  have  become 
nierged.  as  aforesaid,  and  where  an.v  school,  real  estate  and  mov- 
able property  belonging  to  the  school  district  or  districts  of  said 
iownsliip  or  townshii)s  are  or  shall  be  within  the  bounds  of  any 
such  new  tlistrict.  The  said  courts  shall  further  determine  on 
hearing,  whether  an  undue  proportion  of  the  real  estate  and 
movable      propertv      belonging-      to      the      old      dis-  •      ■, 

trict    or    districts'  are    within    the    bounds    of    the    propor"tiona't''" 
lU'w    district,    and.    if    so.    how    niii'-h    inoiu'.v    shall    sliare  of  proiiorl.r 
l)c    paid    therefor   b.v    tlie    new    to    Ihe    old    district    to  which  eaoh 
or    districts,    and    the    court    shall    thereupon    de-    'l',*'|p1j'^f    '''    '""' 
cree    the    proportion    of    said    indebtedness    whicli 
•ach   of  said  school  districts  shall   pay  and   the  amount  of  money, 
if   any.    which    the   new    district   shall    i)ay    to    the   old    district   or 
districts    for   an   undue    i)roportioii    of   school    pi-operty   within   the 
bounds    of    such    new    district.       In     uuiking    said      ii,,„.  ,„i,insr- 
ad.iustment     as     applied     to     each     <if     said     new    moni  siiaii  i.e 
si-liool     districts,     reference    shall     be    had     to    th»^    mado. 
lime  of  the  formation  of  su<-h  new  school  district  and  to  the  debts 
existing  at   the   end   of   the   current    school   year   in    which    it   wans 
formed,  whether  since  paid  oi-  not.  and  also  to  the  several  amounts 

(»)    .\<t   .Tniip   LM.    lsor> 


IJ  8«'II0U].   j.AVVS   AND   DECISIONS 

(if  school  taxos  theu  uuexpended  and  the  said  adjustment  shall 
l>i'  based  upon  the  assessment  of  said  township  or  townships  for 
the  year  in  which  such  new  district  was  formed:  Provided,  That 
in  ascertaining  said  indebtedness,  neither  pend- 
I'roTiso.  jj-,,r  actions  nor  claims  against   the  school  district 

or  districts  of  said  township  or  townships,  founded  on  tort,  shall 
be  included,  unless  the  same  shall  in  the  meantime  have  been 
prosecuted    to    final    judgment    (b). 

XXIX.  That    whene\er,    heretofore,    a    common    school-district 

has   been,    or   hereafter  shall    be,    enlarged    by   the 
eniai^emenV'of         annexation   of  a   part   or  parts  of  a    township,  or 
townships,    the    court    of   quarter    sessions    of    the 
proper    ct)unty    shall    determine,    on    hearing,    whether    an    undue 
l>roportion    of    the    real    estate    and    school    houses 
reaT%'atV*etc       ^el^ising  to  the  old   district,  or  districts,   is  with- 
in the  bounds  of  such  enlarged  districts,  and,  if  so, 
how    much    moupy    shall    be    paid    therefor   by    such    eulariied    dis- 
trict   to    the    old    district,    or   districts;    and    if   any    money   be    on 
hand,  or  debt  unpaid,  or  any  tax  or  claims  be  uncollected  after  tin- 
settlement  of  all  such  accounts  prior  thereto,  the  said  court  shall 
.  .  divide   said   money   or  debt   amongst    the   districts, 

mon'ey°or  (lebt  '"  such  proportions, — and  shall  make  such  order 
as  to  uncollected  tax  or  other  claims. — as  shall  be 
just ;  and  any  sum,  thus  decreed  to  be  due  by  any  district  to  any 
district  or  individual,  shall  be  entered  in  the  nature  of  a  judgment 
against  the  same,  and  shall  be  subject  to  execution,  in  the  manner 
[)rescribed  in  the  twenty-first  section  of  the  general  common 
school  law,  on  the  eighth  of  May,  one  thousand  eight  hundred 
and  fifty-four  (c). 

XXX.  Three   months'    public    notice    shall    be   given    under   the 

order  of  said  court  to  all  persons  having  claims 
Xotice  to  persons  against  the  school  district  or  districts  of  said 
having  claims  township      or      townships,      excentinij     claims      in 

against    tne    dis-  ti.-  ii-  rii  ^^ 

tricts  to  present  pencnng  actions  and  claims  founded  on  tort,  as 
same.  aforesaid,    to    in-escnt    the    same    on    or    before    the 

ilay  therein  iianied,  and  all  persons  not  pre- 
Faiinre  lo  pro-  senting  their  said  claims  on  or  before  the  said 
*"'"'•  day    shall     be    forever     debarred    from    enforcing 

collection    of    the    same',    said    notice    to    be    pub- 
lishcil    ill    not     l^s^^    (hail    two    newspapers    of    the 
proper    county,    if    there    are    so    many    printed    in 
said    county,    or    if    there    be    hul    one    newspaper    printed    tlierein. 


Piihlic:ilii)ri 
notice. 


(1>)    Act   .Juno  24.    18!).">,   sec.    :;.    I'.    1..    p.    -JOO. 
U)    Act    April    3,    1003,    sec.    1,    V.    L.    p.    142. 


OF  PExXNSYLVANIA.  13 

tlieu  ssiid  notice  shall  be  printed  in  the  same  and  shall  be  pub- 
lished in  any  other  manner  directed  by  the  said  court:  Pro- 
vided, however.  That  no  owner  or  holder  of  any 
liond  or  bonds  of  any  school  district  shall,  for  Holders  of  bonds 
any  failure  to  present  or  make  proof  of  the  same  barred°from%o^^ 
•as  aforesaid,  lie  precludpd  or  debarred  thereby  lecting  same, 
from  enforcing  collection  of  the  same  (d). 

XXXI.  The  said   court  shall   have  power   to   make  all   needful 
rules,    orders    and    decrees    in    the    premises,    and 

for    the    collection    and    payment     by    the    school    Rules,  etc.,  for 
district    or    districts    of    said    township    or    town-    collection  and 
ships,    boroujjh    or   boroughs,    of   the   share   of  said    fj^^btetoe's^s"'" 
indebtedness,     respectively,    apportioned     to    them, 
and  any  sum  of  money  decreed  to  be  paid  by  any  such  new  district 
(o  the  school  district  of  any  township  from  which   it  was  formed 
for   any   undue    proportion    of   school   property    within    the   bounds 
of   such    new    district,    and    may    order   the    proper   officers    of   the 
school    district    (ir    districts    of    any    said    township    or    townships, 
borouiih   or  JHirouuhs.   or  of  either  of  them,    to  collect,   by   special 
taxatitm,    an    amount    sufficient    to    pay    the    same,    either    in    any 
(ine  year  or  by  annual   instalments,  as   to   the  court  shall  appear 
.iust   and    reasonable   (e). 

XXXII.  The    said    court    shall    have    power    in    its    discretion, 
lo    appoint    a    receiver    to    whom    the    money    due 

on     account     of     indebtedness     from     each     school    Court  may  ap- 
district   for   the   purpose   aforesaid   shall   be   paid,    P0'"<^  receiver  to 
and    it   shall    be   his   duty    to   pay   over   the  amount    ^.'^TVmkf 
so    received    by    him    to    tli«'    holders    of    said    in- 
debtedness   in    such    order    or    in    such    proportion     Duty  of  receiver, 
as    the    court    shall    direct,    and    in    case    of    any 
special    taxation,    in    any   said    school    district,   or   in    all    of   them, 
beins'    ordered    for    or   on    account    of    any    indebtedness    as    afore- 
said,  the  coUecttu-  of  said  special   tax  shall  pay  the  same  directly 
to  said  receiver  (f). 

XXXI II.  The  school  district  of  each  borough,  in  any  of  the 
cases  aforesaid,  shall  be  credited  with  the  pro- 
per share  of  such  indel)tediu'ss  due  to  the  school  ""Y  in'lel'te'luess 
di.strict  or  districts  of  said  township  or  town-  '"''"  ^^  «'editc'.l. 
ships  at  the  time  of  the  formation  of  such  bor-  riow  balance  in 
ougli  district,  as  shall  have  since  been  collected,  treasury  shall  be 
and  shall  likewise  be  crt'diled  with  its  iiroper  share    '■'''''1'*''<1- 

of  any  unappropriati'd  halinici^  in  the  ti-easury  of  the  school  district 
or  districts  of  said  township  or  townships  at  the  end  of  the  cur- 
ed)   Act  .Tune  24,   1895,  sec.    I.   P.  L.   p.   261. 

(e)  Act  June  24.   189.5.  sec.   .'i.   P  L.  p.   261. 

(f)  Act  Juue  24,   1895,  sep.   6,  P.   L,  p.  S6§, 


14  srnoor.  laws  and  dkcisions 

rent  school  year  during  wliicli  such  boroimh  district  shall  liavo 
Court  ..hall  nn  '^^^"  formed,  and  the  said' court  shall  have  like 
portion  same  power     to    ecjuitahly     adjust     and     apportion     the 

same   (g). 
XXXI^'.     The   costs   of  said    i)roceeding;s  shall   be   paid   by   the 
Costs     how  r.ni,i     f^'^^o'  districts  of  the  said  several  townships  and 
iCnfor'cement  of        borouffhs    in    Such    proportions    as    the    said    court 
.'i"iersTn<i  de  ^^""   adjudge,   and    the   orders  and   decrees  of  the 

crees.  said     court     in     such     proceedings     may     be     en- 

forced by  attachment  (h). 
XXXV.      Whenever   any    township    has   been    or   shall    hereafter 
wi.Pn  town=h,M        ';?  ^''l-i'iSPd  or  inei'oed  into  one  borough   the  school 
"   2rged   into         '".i^^i'ift    of   said    Imrousih    shall    succeed    to    all    the 
one  borougli.  rights  and   liabilities  of  the  school  district  of  said 

,  ,  township,  and  in  all  actions  pendin'.:-  by  or  against 

the  school  district  of  said  township  the  school  district  of  said 
borough  shall  be  substituted  as  party  instead  of  the  school 
district  of  said  township  and  in  all  actions  thereafter  brou"-ht 
for  matters  in  behalf  of  or  against  the  school  district  of  said 
township  the  school  district  of  the  said  borough  shall  be  the 
party  plamtilT  or  defendant,  as  the  case  may  be.  instead  of  the 
school  district  of  said  township  (i). 

Shall  not  super-  •^,^,'^^^^-      ^'^f'"'""    '"    fli's    act   contained   shall 

cede  or  repeal  he  he'd  or  construed  to  supersede  or  repeal  the 
nny  existing  act  provisions  of  any  existing  act  of  Assembly  an- 
of  Assembly.  pHcable  to  the  same  subject  matter  (j). 

!).  lenalty  lor  neglect  of  duty.— The  twenty-fourth  section  of 
the  act  of  hfteenth  of  April.  1S.14.  (pamphlet  laws,  page  541). 
provides  that  "If  the  commissioners  of  anv  county  shall  neglect 
or  refuse  to  i)erform  any  duty  reouired  of  them  hv  law,  or  if 
any  one  of  such  commissioners  shall  neglect  or  refuse  to  perform 
any  official  dut.v.  they  or  lie  shall,  respectively,  lie  fined  in  a  sum 
not  exceeding  one  hundnd   dollars."" 

rOrilTS    ^lAY    .MAKE    ALTERATION     OF     IIOrXDAKIES 

RETWEEX    HOROrOFIS    AND    TOWNSHIPS. 

XXX\'II.      That    the   court   of   quarter  sessi(jiis   of   the    peace   of 

iifo,„f,        <■  V,         ^^''    vro]wv    county    shall    have    power    to    change 

oughs    and    town-     ^'^^    •''"•'''    "^    '"!>'    incorporated    borough    within 

ships.  this    Commonwealth    by    detaching    therefrom    any 

.  portion     of    the     territory    embraced     within    saill 

limits  and    liy  annexing   the   same    to  any  contiguous   township  or 

townships  in  accordance  with  tlie  provisions  of  this  act. 

(g)  Act  .rune  2-1,    IS!).".,   sec.    7,   I'.   L.   p.   26'' 

(h)  Act  .Tiuie  24.   1895,   sec.   S.   P.   I,,   p.   2fi2 

(i)  Act  .Time  24.    ISil.T,   sec.   t).   P.   I.,   p.   262 

til  Art   .Tune  2i.    1S05.   sec.    10.   P.   Tj.    p.   262 


UF   PENNSYLVANIA.  15 

CLAUSE   2.     The   application    to    the   said    court,    for    the   pur- 
pose   of    diminishig    the    territory    of    a    borough 
and   annexing  the  same   to   any   contiguous    town-    ^^'j',!j''""''""  '"  '"'^ 
ship  or  townships,   shall    be  in    writing,   and  shall 
be   signed    by   a    majority   of    the    freeholders    residing    within    the 
limits  of  said  borough  ;  or.  an  apiilicatiou  can  be  made  by  a  free- 
holder or  freeholders,   where   the  dividing  line  between  a   borough 
and  a  township  shall  se[)arate  lands  of  the  said  freeholder  or  free- 
holders  into    two   or   more    parts.      The   application    shall    contain 
a    pi'oper   description    of    the    portion    or    portions 
of    borough     territory    propc.sed     to    be    detached,    i^*-'<'i'P"t»i- 
showing    the    name    or    names    of    the    contiguous    to\'  nsliips,    ex- 
hibiting the  courses  and  distances  thereof,  in  words  ai    l<'ni;ili.  and 
shall    be   accompanied    bv   a    plot    or   draft    of    the 
same.  l'""   "'  '"^""• 

CLAUSE  o.  Upon  presentation  of  said  application  to  the 
court,  the  court  shall  order  the  same  to  be  filed,  anil  shall 
direct  notice  thereof  to  be  given  to  the  supervisors  of  the 
townships  affected  thereby,  and  to  the  president  or  secretary 
of  council  of  said  borough,  and  shall  fix  a  time 
for  hearing  the  matter;  and  the  notice  herein  il™'"iu&- 
provided  shall  be  served  at  least  twenty  days  prior  to  the  day 
of  hearing;  and  if  the  said  court,  after  a  full  investigation  of 
the  case,  believe  it  is  expedient  to  grant  the  pra.yer  of  the  ap- 
plicant or  applicants,  it  shall  grant  the  same  and  enter  decree 
accordingly;  and  the  said  application  and  de- 
cree shall  be  forthwith  recorded  in  the  recorder's  ^^'ciee- 
office  of  the  proper  county,  at  the  expense  of  the  applicant  or  ap- 
plicants; and  the  court  shall,  at  the  same  time,  further  decree 
to  what  adjacent  township  or  townships  the  territory  so  de- 
tached shall  be  annexed,  as  the  said  court  may  deem  for  the  best 
interests  of  the  several  districts  affected  thereby,  or  the  interest 
of  the  applicant  or  applicants  where  lands  may  be  divided  into 
two  or  more  parts  ;  and  from  and  after  the  entry  and  recording 
of  said  decree  and  application,  the  boundaries  and  limits  of  any 
such  borough  and  of  the  adjacent  township  or  townships  shall 
be  deemed  and  taken  as  fixed  in  said  decree  of  court. 

CJjAUSE  4.      Whenever,   under  the   provisions   of   this   act,   the 
court  shall  decree  the  alteration  of  the  boundaries  of  any  township 
or   borough,    the    court    shall    appoint    an    auditor,    ^yj^,,^. 
who    shall    give    such    notice    as    the    court    shall 
direct   to   all    parties    in   interest;    and,   after  hav-    Make  report, 
iug  heard  the  same,  and  made  such   investigation  as   may  be  nec- 
essary  therefor,    shall    report   to   the   court    the    total    valuation   of 
the   several    townships    or    boroughs    and    school    districts    affected 
by   the  alteration   decreed,   the  assessed   valuation   of  such   portion 
of    any    township,    boi-ough.    or    school    district    as    shall    by    said 


1^5  SCTIOOL  LAWS  AND  DECISIONS 

alteration  bo  cut  off  from  cue  and  addod  to  another  township, 
borough,  or  school  district,  and  also  tlic  amount  of  the  indebt- 
edness of  the  several  townships,  boroualis,  or  school  districts  af- 
fected bj'  such  alteration,  and  the  value  of  all  property  that  shall 
be  transfcrre<l  by  reason  of  s\ich  alteration  in  boundaries  from 
one    township,    boroush,    or   acho(d   district    to   another;    and   shall 

also  report  a  form  of  decree,  making:  such  an 
Form  of  deoiiH'.  .qd jnstmcnf  of  the  indebtedness  and  property  of 
the  several  townships,  boronshs,  and  school  districts  as  shall  be 
e(piital)le    and    just,    which    repoiM    and    dcci'ee    shall    be    confirmed 

nisi  by  Ibe  court,  the  confirmation  to  become 
Confirmation.  absolute    in    ten    days,    unless    exception    be    filed 

thereto  or  an  ai)peal  be  taken  by  some  of  the  parties  in  interest, 
and  whenever  such  decree  shall  I)ecome  final,  either  without  ap- 
l>eal  or  after  appeal,  (lie  court  shall  enforce  the  same  in  such 
manner  as  decrees  in  equity  are  enforced. 

CLAUSE  5.  All  laws  or  parts  of  laws  which  require  the  appli- 
cation   for   such    change    of   borough    limits    to   be    laid    before    the 

grand  jury,  and  all  laws  or  parts  of  laws  incon- 
Uepeal.  sistent  herewith,  are  hereby  repealed  (k). 

XXXVIII.  That  in  all  cases  of  the  annexation  of  any  city. 
Annexation  of  a  boi-ough.  township,  or  part  of  a  township,  to  a 
city,  borougii  or  contiguous  city,  under  the  provisions  ot  an  act 
township  to  a  of   Assembly,    approved    the    twenty-eightii    day   of 

pit.v.  April.    Anno    Domini    one    thousand    nine    hundred 

and  three,  entitled  "An  act  for  the  annexation  of  any  city,  bor- 
ough, township,  or  part  of  a  township,  to  a  contiguous  city,  and 
providing  for  the  indebtedness  of  the  same,"  all  rights  of  creditors 
and  all  liens,  and  all  rights  of  the  municipality  so  annexed  to  en- 
force the  payment  of  moneys  due,  or  of  contract  liabilities,  or  of 
other  claims  or  rights  of  property,  existing  at  the  time  of  such 
annexation,   shall    be   preserved   unimpaired    to   such   annexed   city. 

borough,  or  township ;  and  such  city,  boroush  or 
^I'lff'^'^f'""  "i"  township,  for  the  purpose  of  enforcing  its  rights 
tors    liens,  *etc.'"       '^'i"^'    claims    in    the    premises,    and    also    of    having 

prior  rights  and  claims  enforced  against  it,  shall 
be  deemed  in  law  to  continue  in  existence. 

All  moneys  acruing,  from   time  to  time,  from   taxes  levied  prior 

to  the  annexation,  and  all  assessments  against 
Funding  of  debt  private  property  for  oublic  improvements,  for 
or  scbooi' district  which  the  contractors  shall  have  been  paid,  shall  be 
annexed.  applied    to    the    indebtedness    of    the    territory    an- 

nexed ;  and  it  shall  be  lawful  for  the  councils 
and  mayor  of  the  enlarged  city  to  fund  the  debt  of  any  municipality 
or  school  district  so  annexed,  and.  for  so  doing,  to  issue  the  bonds 

(k)    .\ct   i\ray  28.    T.tOT,   sec.    I,   1".   L.    p.   2G4. 


OF  PENNSYLVANIA.  17 

(,f  the  onlariiPd   city,   in   accordance   with   existing   laws  applicable 
to  .said  city,  and   to  i)i-ovido  for  an  annual   tax.   niton  the  subjects 
of     taxation     within     the     limits     of     the     annexed 
territory,    sufficient    t<>    retire    said    Ix.nds    as    tliey    -^'i"""!  t»x. 
mature  (ll. 

POWERS    A.VI)    MAP.llJTIES    ( »P    DISTRICTS. 

XXXIX.      That    tiie    st'veral    school    districts    within    this    Com- 
monwealth   shall     have    eaitacities    as    bodies    cor-    M^y  j,,,,.  ,.,,„i  i„. 
porale.    to   sue   and   lie   sued    as   such,    by   the   cor-    sue'd. 
porate  name  nf  the  sehool  district  of  —  (m). 

XL.     To    pureha.se    and    hold    such    real    and    personal    property 
as    mav    be    necessary    for    the    estaldishment    and 
support  of  the  s.hools.  and   the  same   to  sell,  alien    feaT  estate, 
and   dispose   of.    when    it   shall    no    longer   be    nec- 
essary for  the  purpose  aforesaid,  and  also,  whenever  the  board  of 
directors   or  controllers,   in   cases   where  school   property   has  been 
conveyed  to  them  shall  deem  it  expedient  to  make  sale  of  the  said 
real    estate,    foi-    the    purpose    of    reinvesting   the   proceeds    thereof 
for  school  purposes  (n). 

10.  A  district  may  pnrcliase  or  otherwise  acquire  ground  on 
which  it  is  intended  to  erect  a  school  house,  and  hold  it  for  that 
purpose  until  it  suits  the  convenience  and  means  of  the  district  to 
huild. 

.S.LI.     All    deeds    an<l    other    contracts    in    writing,    made    by    n 
school  district,   shall   be  signed   and   sealed   by   the    Deed.s,  iiow  ex- 
president  of  the  board  of  directors  or  controllers,    ecnted. 
and  countersigned  by  the  secretary  (o). 

XLII.     All  suits  by  a  school  district  shall  be  brought  in  its  cor- 
porate   name    and    l)e'    conducted    and    managed    by    the    board    of 
directors  or  controllers,  as   the  case  may  be;   and 
all  suits  against  such  district  shall  style  the  same    ^^g'-figt Vikm.i 
by    its    corporate    name,     and    all     legal     process,    afstricts. 
other   than    writs    to   enfor<-e    payment   of   a    judg- 
ment, shall  be  served   on  either  the  president  or  secretary  of  the 
l)oard  of  directors  or  controllers,    as  the  case  may  be  (pi. 

XLIIL      If  judgment   should    be   obtained    against  a   school   di.s- 
trict.    in    any    action    or    proceedings,    the    party 
entitled    to    the    benefit    of    such    judgment    may    ag^fn"  t  "ciiool 
have  execution  thereof  as  follows,    and  not  other-    districts, 
wise,    to    wit:      It    shall    be    lawful    for    the   court 
in    which    said    judgment    shall    be    obtained,    or    to    which    such 


(1)  Act  June  1,  1907,  sec.  i.  V.  I.,  p.  J'.iT. 
(m)  Act  Mav  8,  18.j4,  sec.  is.  V.  I.,  p.  (il'e 
(!i)  Act  May  S,  1854.  sec.  iS.  p.  L.  p.  CJo. 
(o)  Act  Mav  8,  1S.".4,  sec.  19,  V.  I..  |).  tluM. 
(p)    Act   Mav  8,   18.">4,   sec.   liO.   1'.   I,,   p.    Illil. 


18  SCHOOL   LAWS   AND   DECISIONS 

judgment  shall  be  removed  by  transcript  from  a  justice  of  the 
peace  or  alderman,  to  issui-  thereon  a  writ,  commanding  the  di- 
rectors or  controllers  and  treasurer  of  such  school  district,  to 
cause  the  amount  thereof,  with  interest  and  cost,  to  be  paid  to 
the  parly  entitled  to  the  benefit  of  such  judi;u!<'Ut.  out  of  any 
moneys  unappropriated  of  such  district,  or  if  there  he*  no  such 
moneys,  out  of  the  first  moneys  that  shall  be  received  for  the  use 
of  such  district,  and  to  enforce  obedience  to  such  writ  by  attach- 
ment (q). 

11.  Debts  contracted  by  a  former  board — \viieth(>r  jx-rmanent 
or  temporary,  or  for  buildiu.i;  or  ordinary  school  purijcses — if 
legally  contracted,  are  binding  upon  all  future  boards  of  the  dis- 
tric  ;  and  provision  is  made  for  their  payment,  or  the  payment  of 
the    interest    on    them    by    the    existing    board. 

XLIV.  No  person  shall  hereafter  be  incompetent  to  give  evi- 
Who  shall  give  dence  in  any  suit  or  action  in  which  any  school 
evidence.  district,    or    any    officers    thereof,    is    a    party,    for 

or  on  account  of  said  person  being  an  inhabit- 
ant of  the  district  or  by  reason  of  his  being  liable  to  the  pay- 
ment of  any  tax  in  which  said  school  district  may  be  inter- 
ested  (r). 

DIRECTORS  AND  CONTROLLERS. 

Election   and   Appointment   of   Directors   and   Controllers. 
XLV.  That    school-directors   shall    be   elected    annually   in   each 
district    of    the    State,    in    the    following    manner, 
directors"'  ^*^'^""'"    io    wit:    At    the    same    time    and    place    that    elec- 
tions   are    lield     for    supervisors    and    constables, 
and,    in    wards,    in    cities   or   boroughs,    at    the    time   and    place   of 
the   borough   or   ward   elections,    and    in    like   manner,    two   (juali- 
fied    citizens    shall    be    elected    school-directors    in    each    district, 
whose  term  of  oflice  shall   be  three  years;   but   in  districts   where 
directors   have   not    been   elected,    or   in    new    districts    which    may 
be  established  by  the  erection   of  a  new   ward,   borough  or  town- 
ship,   six   directors   shall    be    elected    in    su<'li    district,    at    the   first 
election,  two  to  serve  one  year,  two  to  serve  two 
Term  of  office.  years,    and    two    to    serve    three    years,    and    two 

annually  thereafter:  and  in  city  and  boi'ough  districts,  allowed 
to  elect  three  directors,  the  whole  number  for  each  ward  shall 
be  chosen  at  the  first  annual  election  after  the  passage  of  this 
act,  one  to  serve  for  one  year,  one  to  serve  for  two  years,  one 
Proviso.  ^^  serve   for  three  yeai-s,   and   one  annually   there- 

after: I'rovided,  however.  That  upon  the  peti- 
Petition.  j.j|.|jj    ^jj.-    ^j^p   councils   of   any    city   subject    to    the 

(q)    Act  May  8,   1854,   sec.   L'l,   P.    L.   p.   621. 
(r)    Act  May  8.   1854,  sec.   51.   P.   I.,   p.   629. 


OF   I'FA'XSVi.VAN'IA.  19 

provisious  of   this  act.    tLe   court   of  common   pleas   of   the  county 
ill    which    Lfiiil    city    is    locatci    may,    after    a    hearing    duly    had, 
enter  a   decree   increasing    the   members  of  school- 
directors    in    said    city,    so    that    there    shall    be    increase  of  num- 
three    directors    in    each    ward    of   said    city;    and      ^'^' 
any    vacanices    in    the    hoard    of    directors,    caused    vacancies 
thereby,    s'aall    he    filled    hy    the    citizens    of    said 
wards,  respectively,  at  the  ensnini;  election  held  for  the  purpose  of 
electing'  ward  officers  ;  and   the  said  court  shall  also,  at  the  same 
time,  decree  that  at  said  election  one-third  of  said 
school-directors   shall    be   elected    to   serve   for   one    ^®'''"- 
year,  one-third  to  serve  for  two  years,  and  the  remainina:  third  to 
serve    for   three    years,    and    that    annually    thereafter   each    school 
director   shall   he   elected    to   serve   for    three    years;    and    the   said 
•  ■ourt    shall    also    indicate    the    wards    which    shall    elect    for    the 
shorter  and   longer  terms  ;   and   in   case  after  the  entering  of  said 
decree,    and    before    said    election,    there    shall    from    this    or    any 
other    cause    be    no    one    capable    of    exercisinsr    the    said    office    of 
school    director   in    the   said    school-district,    or   vacancies    shall    he 
caused    in    the    board    by    r(^asiin    of    the    aforesaid    increase,    the 
.said    court    of  common    pleas    shall,    upon    petition    of   any   one    in 
interest,    ap;)oint   suitable    persons   to   act    in    the   interim    (s). 

XLVI.  That    the    several     courts    of    quarter    sessions    of    the 
peace    shall    have    power    and    authority    in    the 
petition   of   twenty    or   more    citizens    of   any    bor-    Decreasing  nwm- 
ough    in    which,    bv   virtue   of   anv    act    of   Asseni-    ^^r  of  counciimen 
bly    or    decree    of    court,     there  *  are     now     three    ^ovs  io?^o 
members   o!   town    council    and    three    members    of 
the    school    board    to    be    elected    in    each    ward,    after    due    notice 
to   such    town    council    or    school    board,    to    de- 
crease   the    number    of    members    of    town    council    P°^  ^^^^  ^!'"" 
and    school    directors,    or   either,    to    he    elected    in         "ecreaseu. 
each   of  said    wards   to   two:    and    from    and    after   the   making   of 
such   decree   there  shall   be   no   election    in   any   ward   of  said   bor- 
ough   for   any   person    to   serve   as    members   of    the   town    council, 
or   school    director,    until    the    number    in    each    ward    shall    have 
been    reduced    to    two    by    the    expiration    of    the    terms    of    office 
of    those    in    ofhce    at    the     time    of     making    such    decree;     and 
thereafter,    upon    the   expiration    of    the     term     of     office     'f    each 
member    of    the    town    C(nincil    and    each    school    director,     there 
shall   be  elected   in   each   year  of  such   wai'ds   one 
member    of    the    town    co"uncil     to    serve    for    the    S.'?K*?,'i°„^."5'' 
term    of    two    years,    and    one    school    director    to 
serve  for  the  term  of  three  years  (t). 

(s)    Act  May  4,   1905,   sec.    5,  P.   L.   p.   388. 
(t)    Act  of  July  9.   1897.  sec.   1,   P.  L.  p.   216. 


such  decrease. 


20  SCHOOL   LAWS   AND   DECISIONS 

XL\'II.  Vacancies  in  the  office  of  members 
cies!°^  ^'^^'^°'  "f  town  council  and  school  director  shall  be 
filled  as  now  provided  by  law  (u). 

XLVIII.  That  when  an  independent  school  district  shall  be 
•  •  1  established  the  proper  court  shall,  in  the  de- 
pendenTdis^ricts^'  ^'''^^  therefor,  desisuate  the  time  and  place  for 
holding-  the  annual  elections  of  directors  there- 
in, and  appoint  two  persons  to  hold  the  first  election  at  the 
time  appointed  therefor,  who  shall  give  ten  days'  notice  there- 
of, by  printed  or  written  handbills,  put  up  at  not  less  than 
six  public  places  within  said  district ;  at  which  first  election 
six  directors  shall  be  chosen,  two  for  three  years,  two  for 
two  years,  and  two  for  one  year,  then  next  ensuing,  and 
thereafter  two  directors  shall  be  chosen  for  three  years,  at 
the  annual  election,  to  be  called  and  held  by  the  president 
and  secretary  of  the  board,  at  the  time  and  place,  and  in  the 
manner  in  said  decree  thereof  appointed,  said  election,  in  all 
other  respects  to  be  conducted  in  conformity  with  the  existing 
school  law :  and  that  in  independent  districts,  established  or 
hereafter  to  be  established  by  the  Jjegislature,  without  specify- 
ing the  mode,  time  and  place  of  electing  directors,  the  first 
election  shall  be  held  at  such  time  and  place  within  the  proper 
district  as  shall  be  specified  by  written  or  printed  notices  there- 
of, put  up  at  not  less  than  ten  public  places  therein,  signed  bj 
not  less  than  five  taxable  citizens  thereof,  and  giving  ten  full 
days'  notice  of  such  election;  and  subsequent  elections  shall  bo 
held  at  such  time  and  place,  annually,  as  shall  be  designated 
by  similar  notices,  signed  by  the  president  and  secretary  of  the 
proper  board ;  said  elections,  in  all  other  respects,  to  be  held 
and   conducted   in   the  manner  in   this  section   before   provided    (v). 

12.  Expenses  for  the  election  of  school  directors  in  independent 
districts  are  to  be  paid  by  the  «ounty,  in  the  same  manner 
as  for  the  election   of  township  officers. 

XLIX.  That  wherever  a  borough  has  been  or  shall  be  erected 
out  of  a  township,  leaving  the  school  district  as  it  existed  in 
such  township  before  the  creation  of  said  borough,  the  school 
directors  of  such  district  shall  be  elected  by 
Election  of  school  the  votes  cast  in  each  subdivision  of  such  dis- 
directors  in  dis-  trict,  as  heretofore,  or  hereafter  may  be 
tricts  created  made.     The     election      board      of     each      precinct 

lea^ingThlsd^oo!  ^^'  election  district  therein  shall  certify  the 
rtistrict  unchang-  number  of  votes  each  person  received,  and  ap- 
ed, point  one  of  their  number  for  return  judge, 
to  meet  with  other  return  judges  of  the  bor- 
ough,   ward,    township    and    precinct    of    such    school    district,    in 

(u)    Act  of  July  9.  1897,  sec.  2,  P.  L.  p    21 R. 
(v)    Act  of  April  11.  1862,  sec.  9,  P.  L.  p.  -17:;. 


OF  PENNSYLVANIA.  21 

any  part  of  such  district,  immediately  after  such  election, 
and  add  together  the  number  of  votes  given  for  each  person 
voted  for.  and  make  out  the  return  as  the  nature  of  the  elec- 
tion may  require,  complying  in  all  respects  with  the  provisions 
of  existing  election  laws,  and.  after  the  performance  of  said 
duties,  appoint  one  of  their  number,  by  consent  or  lot,  to 
deliver  the  full  return  to  the  court  of  quarter  sessions  of  the 
county,  in  the  same  manner  now  provided  by  law  for  making 
township  returns. 

And  all  such  elections  in  such  school  district,  relating  to 
school  matters,  may  be  held  and  certified  in  the  manner  herein 
provided   (w). 

L.  That    when    two    or    more    candidates    shall    have    an    equal 
number    of    votes    for    the     same     term    of    office, 
at     any     election     of     directors     or     controllers,    ^jlf  7°'^-  ^°"'"'  '"^' 
whereby    their    election    shall     be    prevented,     the    '^    ^  ' 
said    candidates    shall    appear    at    the    next    regular    meeting    of 
the    board    of    directors    or    controllers,    which    said    board    shall 
determine    their    rights    to    scats    therein,    in    the    following    man- 
ner:    Ballots    sha!!    I;  ■    prepared,     equal    in    number    to    the    oj)- 
posing    candidates,     i  n    cue-half    of    which     the    word    "director" 
shall     be    written:     \vh  ivupon     the     said     candidates    shall     each 
draw,    from    a    proi  r    receptacle,    one    of    said    Itallots,    and    the 
candidate    or    candidates    drawing    the    ballot    or    ballots    marked 
"director"    shall    be    neld    and    deemed    duly    elected    to    the    said 
office    of    director    or    controller.     And,    if    vacan- 
cies   are    to    be    filled    at    any    election    of    direc-    Vacancies,  how 
tors,     in     addition    to    the    persons    to    be    elected        ^  ' 
for   the   regular   term,   and    the   voters   shall   all    neglect    to   desig- 
nate   on    their    tickets    the    term    of   office    for    which    each    person 
voted    for    is    a    candidate,    then    the    person    or    persons    having 
the    highest    number    of    votes    shall    be    declared    elected    for    the 
longest  term  or  terms ;   the  next  highest  in   vote,  after   the  filling 
of   the   longest   term   shall    be   declared   elected    for   the    next   long- 
est  term,  and   so  on,   till   all    the   terms   vacant  shall   be  filled   (x). 

13.  No.  L.  disposes  of  the  perplexing  question  of  tie  votes. 
Of  course,  it  does  not  refer  to  the  case  where  only  two  direc- 
tors afe  to  be  chosen  for  three  years,  and  the  two  candidates 
highest  in  vote  have  each  the  same  number  of  votes.  Here 
the  tie  does  not  "prevent"  the  election  of  either,  for  both 
are  elected.  It  only  relates  to  cases  in  which  the  number  of 
candidates  who  are  tied  is  greater  than  the  number  of  ofli.  cs 
or  A'acancies  for  which  tiicy  are  candidates,  thus:  three  per- 
sons have  each  the  same  number  of  votes  for  the  two  vacni 
cies   in   the   long   term   of   three   years;    or   two   persons   have    the 

(w)    Act  May  23,   190V,  sec.   1,  P.   L.  p.  228. 
(x)   Act  of  April  11,  1S62.  >-c^  2,  P.  L.  p.  471. 


22  SCHOOL    LAWS    AM)    Di:<  "ISIONS 

sauu>    iunnl)er    of    votes    Eor    one    vacancy    in    the    tprm    of    two 
years. 

14.  When  all  the  tickets  are  without  classification  of  the  term, 
the  latter  part  of  Section  L  provides  a  remedy.  In  such  case 
the  rule  of  the  longest  term  to  the  highest  in  vote  applies.  But. 
if  some  of  the  tickets  polled  have,  and  some  have  not,  thi.s 
specification  on  their  face,  unless  there  was  a  common  under- 
standing amons  the  voters  in  regai'd  to  the  length  of  term 
intended  for  the  candidates,  respectively,  those  which  have 
not  are  to  be  rejected,  and  the  return  is  only  to  be  given,  ac- 
cording to  their  number  of  votes,  to  those  whose  tickets  speci- 
fied the  term  on  their  faces.  It  is  best,  therefore,  for  each  voter 
to  write  on  his  ticket  the  term,  as  well  as  the  name  of  the  person 
voted  for,  to  fill  a  vacancy. 

JiT.  That  the  duplicate  returns  of  all  elections  for  directors 
„  .  .  shall    be    made    out,    signed    and    sealed    by    the 

mad'o™^'  jud.ues,      and      delivered      by      To      constable     or 

proper  officer  of  said  election,  one  to  the  board 
of  directors,  and  the  other  to  the  court  of  quarter  sessions 
of  the  county  within  ten  days  thereafter,  and  each  person 
elected  a  director  shall  be  notified  thereof  in  writing,  within 
five    days    after    the    election,    by    the    constable    or    other    officer 

who  held  the  election.  If  the  legality  of  any 
Persons^eiec^ea        election     for    directors    be     contested     in     writing 

by  not  less  than  ten  qualified  citizens  of  the 
district,    the  said   court  of  quarter  sessions   is   hereby  authorized 

and  required  forthwith,  to  examine  into  the 
Contested  elec-  election,  and  to  conform  or  set  aside,  as  shall 
tlon,    now   ae-  ■.  ,  j-i-  ^-i         ^ 

Pi(2ed.  seem    just     and     proper,     and,     it     set     aside,     to 

order  a  new  election  at  the  usual  place  and  in 
the  usual  manner,  on  not  less  than  two  weeks"  public  notice, 
given   by   the  proper  officers   (y). 

LII.  That    each    board    of    directors    shall    have    power    to    fill 

any  vacancy  which  mav  occur  therein  by 
"Temped.  death,      resignation,      removal     from    the    district, 

or  otherwise,  until  the  next  annual  election  for 
directors,  when  such  a  vacancy  shall  be  filled  by  electing  a 
person  from  the  district  in  which  the  vacancy  occurs,  to  supply 
the   same   (z). 

15.  It  does  not  reijuire  a  quorum  (four)  to  fill  a  vacancy 
caused  by  "death,  resignation,  removal  or  otherwise."  Any 
number  to  which  the  board  may  be  reduced,  by  any  one  or  all 
of  these  causes,  can  perform  this  indispensable  duty.  But  to 
do  it  satisfactorily,  all  the  actual  members  should  be  present, 
or  have  had  notice  to  be  present,  for  tlie  purpose.  And  if 
only    one    mem))er    remain    in    office,    he    can    legally    take    means 

(y)   Act  Mar  8,   t8,'4,  sec.   G,   P.   L.   p.   618. 
(z)   Act  May  S,   Iboj    sec.   T,  P.  L.  p.  63  8. 


OF  PENNSYLVANIA.  23 

to  fill  the  board.  In  that  case  he  should  appoint  one  new  mem- 
ber; he  and  that  new  member  should  then  appoint  a  third, 
and  so  on,  till  the  board  is  full.  And  the  whole  of  these  pro- 
ceedings should  be  put  on  the  minutes.  The  law  authorizing 
"less  than  a  majority  of  directors"  to  fill  vacancies  in  a  school 
boai'd,  only  applies  when  the  number  has  been  reduced  below 
a  majority,  from  causes  mentioned  in  either  the  seventh  or 
the  eighth  sections  of  the  act  of  May  8,  1854,  P.  L.  GIS. 

16.  An  appointment  made  by  a  board  of  school  directors  to 
fill  an  existing  vacancy  therein  qualifies  the  person  so  appointed 
to  hold  the  oflice  until  the  first  Monday  in  June  following  the 
first  annual  election  next  ensuing  such  an  appointment,  at 
which  time  the  person  elected  at  the  preceding  annual  Feb- 
ruary election  will  be  qualified  to  fill  the  office  for  the  remain- 
ing part  of  the  unexpired  term. 

For  example: 

1.  If  a  vacancy  occurred  in  January,  1903,  and  the  board  then 
appoints  a  person  to  fill  the  vacancy,  the  person  appointed  will 
hold  the  office  until  June,  1903,  at  which  time  the  person  elected 
in  February  of  that  year,  will  be  admitted  to  membership  in  the 
board  on  his  certificate  of  election  for  the  unexpired  term  for  one 
year,  or  for  two  years,  as  the  case  may  be. 

2.  If  a  vacancy  occurred  in  March,  1903,  and  the  board  ap- 
pointed at  once  a  person  to  fill  the  vacancy,  he  would  be 
qualified  to  hold  the  office  until  the  first  Monday  in  June,  1904, 
inasmuch  as  no  annual  election  intervened  until  February, 
1904,  and  therefore  the  appointment  made  by  the  boards  holds  not 
only  until  the  first  Monday  of  June,  1903,  but  until  June, 
1904,  unless  the  term  expires  before  that  date. 

17.  When  a  director  resigns  his  office  without  being  present  in 
the  board,  the  resignation  should  be  in  writing,  addressed  to 
the  president,  or,  if  it  be  the  resignation  of  the  president  him- 
self, to  the  secretary.  When  a  resignation  takes  place  by  a 
member  present,  it  may  be  verbal.  But  in  both  cases  it  should 
be  entered  on  the  minutes,  accepted  by  the  board,  and  the 
acceptance  also  entered  on  the  minutes. 

LIII.  Whenever  by  the  requirements  of  any  law,  a  particular 
residence    is    a    necessary    qualification    for    the 
election     or    appointment     of    any    officer,     a     re-    ^^sn^  residence, 
moval   from   such   residence   shall   operate   as   a   forfeiture   of   the 
office  (a). 

18.  Every  member  ceasing  to  be  a  resident  of  the  district 
for_  which  he  was  a  director,  thereby  vacates  his  office  without 
resignation,  from  the  day  when  he  ceased  being  a  resident ;  and 
the  fact  being  known  and  entered  on  the  minutes,  another  is 
to    be    appointed  in  his  place.     The  same    principle    applies     to 

(a)   Act  May  X5.  1874,  sec.  12,  P.  L.  p.  187. 

3 


24  SCHOOL   LAWS   AND   DECISIONS 

changes  of  residence  from  one  ward  to  another  in  cities  and 
boroughs,  except  in  cases  where  the  election  is  by  a  concurrent 
vote. 

19.  Failure  by  the  voters  to  fill  a  vacancy,  at  the  regular  an- 
nual election,  will  authorize  the  board  to  fill  it  by  virtue  of 
the  word  "otherwise"  in  number  XLIX.  This  means  that  if  a 
member  died  or  resigned,  the  Doard  appointed  another  in  his 
place,  and  if  at  the  next  election  the  people  failed  to  elect  any 
one  to  fill  this  vacancy,  the  board  may  again  treat  it  as  a 
vacancy  and  appoint  a  person  to  fill  it  till  the  next  succeeding 
annual  election. 

Directors  exempt  LIV.  That  all  directors  shall  be  exempted 
from  serving  in  from  serving  in  any  township,  city  or  bor- 
certaln  offices.  ough   office   (b). 

20.  The  exemption  from  township,  city  or  borough  office,  does 
not  prohibit  the  holding  of  these  offices,  except  that  of  auditor, 
but  merely  confers  the  right  to  be  excused,  if  the  director  de- 
sires it. 

LV.    That  no  person  hereafter  elected  shall  be  capable  of  hold- 

ing  and  exercising  the  office  of  school  director, 
pati*bie       °'°"         constable,       pathmaster,       or      commissioner      of 

roads,  and  that  of  township  or  borough  audi- 
tor (c). 

LVI.  No  county  commissioner  shall  be  eligible  to  serve  as  a 
Commissioner  member     of     the     board     of     health,     or     director 

cannot  serve  as  of  the  public  schools,  during  his  continuance 
director.  in   office   (d). 

LVII.  That    tax   collectors     are     township,     ward     or    borough 

officers,  within  the  true  intent  and  meaning  of 
from  servfng'as*  ^^^  general  school  law  of  one  thousand  eight 
collectors.  hundred    and    forty-nine    and    one    thousand    eight 

hundred  and  fifty-four,  and  that  school  direc- 
tors and  treasurers  of  the  school  fund  were  and  are  exempt 
from  serving  as  such  collectors,  within  the  meaning  of  said 
acts.  (e). 

LVIII.  That  if  any  person  duly  elected  a  school  director  shall 

refuse  to  attend  a  regular  meeting  of  the 
dlre1fto?rma°/  be  t»oard,  after  having  received  written  notice 
declared  vacant.       from    the    secretary    to    appear    and    enter    upon 

the  duties  of  his  office,  or  if  any  person  having 
taken  upon  him  the  duties  of  his  office  as  director,  shall  neglect 
to  attend  any  two  regular  meetings  of  the  board  in  succession 
unless  detained  by  sickness  or  prevented  by  absence  from  the 
district,    or   to   act   in   his    official    capacity    when    in    attendance, 


(b)  Act  May  8,   1854,  sec.    10,  P.  L.  p.   619. 

(c)  Act  May  18,   1876,  sec.  1    P.  L.  p.  179. 

(d)  Act  May  15,  1874.  sec.   7,  P.  L.  p.   187. 

(e)  Act  May  8,  1855.  sec.   12,  P.  L.  p.  511. 


'     OF   PENNSYLVANIA.  25 

the  directors  present  shall  have  power  to  declare  his  seat  in 
the  board  vacant,  and  to  appoint  another  in  his  stead  to  serve 
until  the  next  regular  election  (f). 

21.  Absence  from  special  or  called  me'  tings  will  not  justify 
the  exclusion  of  a  member  from  the  board. 

22.  A  member  elect  should  be  duly  notified  in  writing,  by  the 
secretary,  according  to  the  provisions  of  this  act,  before  his 
seat  can  be  legally  declared  vacant  by  the  board. 

LIX.  That  all  persons  elected  to  the  ofSce  of  school  director 
after  the  passage  of  this  act  in  the  Coramonvvealth  of  Pennsyl- 
vania, shall,  before  entering  upon  the  duties  of  such  office, 
take  and  subscribe  to  an  oath  or  affirmation 
that  he  will  support  the  Constitution  of  the  t^k|  oaTh  o^office 
United  States  and  the  Constitution  of  the  Com- 
monwealth of  Pennsylvania,  and  the  laws  thereof,  that  he  has 
used  no  unlawful  means  to  procure  his  election  to  said  office, 
and  that  he  will  discharge  the  duties  of  said  office  for  the  dis- 
trict in  which  elected  faithfully  and  impartially,  and  to  the 
best  of  his  understanding  and  ability,  which  oath  or  affirma- 
tion shall  be  taken  before  a  justice  of  the  peace,  notary  pub- 
lic, or  some  other  officer  authorized  to  administer  oaths,  and 
a  copy  of  the  same  shall  be  entered  upon  the  minutes  of  the 
board  of  school  directors  of  the  proper  district  (g). 

LX.  That   on    and    after   the    passage    of    this   act    it    shall    be 
lawful   for  school   directors   in   the   various   school    jjjjy  qualify  each 
districts    in    this    Commonwealth    to    qualify   each    other. 
other,    by    oath    or     affirmation,     that     they     will    „       ,.  ,., 

faithfuly    discharge     the     duti.vs     of     said     office.    "'''''  ^^  'i'^^^^^y- 
and   that   they  be   authorized    to   certify   the   same    Contents  of  oath, 
to  the  proper  authorities  (h). 

LXI.  In    the    organization    of   a   school    board    it   shall    he    the 
duty    of    the    person    chosen    to    act    as    secretary    ;;_.  , 
to    qualify    the    person    chosen    to    act    as    presi-    ''"''*"'  **^^ 
dent,    and    the    president    in    turn    shall    qualify    Piesi.ient. 
all  the  other  members  of  said  board  (i). 

23.  All  persons  elected  or  appointed  to  the  office  of  school  di- 
rector are  required  to  take  the  oath  of  office  before  entering 
upon  the  discharge  of  their  duties. 

LXII.  That   if  all   the   members   of   any   board   of   directors   or 
controllers    shall    refuse    or     neglect     to     perform 
their    duties,     by     levying     the  '^tax     required     by    Directors  may  be 
law,    and    to   put    or   keep    the   schools    in    opera-    courT^      ^     "^ 
tion,    so    far    as    the    means    of    the    district    will 
admit    or    shall    neglect    or    refuse    to    perform    any    other    duty 

(()  Act  May  8,   1854,  sec.   S,  P.   L.   p.   618. 

(g)  Act  April  16,   1891,  sec.  1,  F.  L.  p.  22. 

(h)  Act  June  25,  1895,  sec.  1    P.  L.  p.  284. 

(l)  Act  Jnne  25,  1895,  see.  2    P.  L.  p.  284. 


26  Si'iJOU!.   LxWVS   AND   DECISIONS 

cnjoiued  by  law,  tlio  court  cf  qiiai'ter  sessions  of  the  proper 
county  may.  upon  complaint  in  writing,  by  any  six  taxable 
citizens  of  the  district,  and  on  due  proof  thereof,  declare  their 
seats  vacant,  and  appoint  others  in  their  stead,  until  the  next 
annual  olet-lion  for  directors  fj). 

-4.  1  lit'  words  "so  far  as  the  means  of  the  district  will  admit," 
do  not  justify  directors  in  providing  means  to  keep  the  schools 
in  operation  any  shorter  term  than  seven  mouths ;  because  the 
law  expressly  enjoins  it  on  the  board  to  keep  them  "in  opera- 
tion not  less  than  seven  nor  more  than  ten  months  in  the  year." 
The  discretion  given,  therefore,  only  relates  to  those  extremes, 
between  which  they  may  select  any  term  suitable  to  the  means 
of  the  district.  But  if  the  directors  do  not  keep  the  school 
open  at  least  the  minimum  terra  of  seven  months,  the  court 
will  remove  them  from  office. 

LXIII.  That    whenever    the    school    directors    or   controllers    of 

any     city,     borough,      township     or     independent 

?i.^^fifi,l?="hil  «^liool  district,  shall  wilfully  neglect  or  refuse 
provide  suitable        .  ■  ■,  -j.   i  i       i  i     -i  t 

rooms.  to    provide    suitable    houses,    rooms    or    buildings 

m  and  for  any  school  district  within  their 
jui'isdiction  and  under  their  supervision,  and  control,  with 
ample  room  and  seating  capacity  for  the  reasonable  and  con- 
venient accommodation  of  all  the  school  children  residing 
within  the  district,  who  may  be  in  attendance,  or  who  desire 
to  attend  the  school  or  schools  therein,  then  ten  or  more  tax- 
able _  citizens,  residents  of  the  said  district  may  set  forth  in 
writing   the   facts    in    the   case,    under   oath    or   affirmation   of   at 

least  six  persons  who  sign  the  statement,  and 
petitfon  court  petition       the       court       of      common      pleas       of 

the  county  in  which  said  school  district  is  sit- 
Inspector  to  be  uated,  or  in  vacation,  any  judge  of  the  said 
appoin  e  .  court,    for    the    appointment    of    a    competent    in- 

spector;  and  the  court  or  judge  thereof,  may  appoint  such  in- 
spector, whose  duty  it  shall  be  to  visit  the  district  by  order  of 
the  court,  or  judge  thereof,  and  enquire  into  the  facts  set  forth 
in  the  complaint  submitted,  giving  due  notice  to  the  members 
of  the  board  of  directors,  against  whom  the  complaint  for 
neglect  of  duty  is  made,  and  to  other  persons  concerned,  and 
the  said  inspector  shall  report  to  the  court,  or  proper  judge 
thereof,  under  oath  or  affirmation,  of  the  result  of  his  personal 
inspection  and  investigation,  accompanied  by  statements  of 
facts  and  proofs  obtained  in  the  case  (k). 


(.ii    Act  May  8,    1854,  sec.   9,   P.   L.   p.   619. 
(k)    Act  of  June  6,  189.S,  sec.   1,   P.  L.  p.  330. 


OF  PENNSYLVANIA.  27 

LXIV.  If,  after  hearing  the  allegations  and  proofs  oi.  ?red  to 
substantiate  the  charges  set  forth  in  the  com- 
plaint, or  to  disprove  them,  after  having  fully  ^^  J?**''  ^^'-^^  '*'" 
and  diligently  inquired  into  all  the  facts  and  po^t  to  cour"  ''*'' 
circumstances  bearing  on  the  case  in  point,  the 
aforesaid  inspector  finds  that  the  directors  or  controllers  have 
refused,  neglected,  or  failed  without  valid  cause  for  such  re- 
fusal, neglect  or  failure  on  their  part,  to  provide  and  maintain 
suitable  and  adequate  accommodations  for  the  school  children 
of  the  district,  as  tlie  law  requires,  he  shall  so  n-port  to  the 
court,  or  to  the  judge  fippointing  him.  and  the  court  in  such 
case  is  hereby  authorized  and  empowered  to  grant  a  rule  upon 
the  directors  or  controllers  then  having  jurisdiction  in  the 
district,  or  such  of  them  as  have  wilfully  neglected  or  failed 
without  justifiable  excuse  to  perform  the  duties  enjoined  upon 
them  by  law,  to  show  cause  why  the  court  or  the  judge  thereof, 
should  not  remove  them  from  office  and  appoint  others  in  their 
stead,  until  the  next  annual  election  for  directors  (1). 

ORGANIZATION  OF  THE  BOARD. 

LXV.  That     the     term     of    office   of   school   directors   from    and 
after    the    first    of    January.    Anno    Domini    one 
thousand     eight     hundred     and     sixty-four,     shall    Term  of  office  t<> 
commence   on   the   first   Monday  of  June,   in   each    (ja|'°n  june    " 
and    every    year:     Provided.    That    the    organiza- 
tion   of    each    board    of     school    directors,    as    provided    by    the 
twelfth    section    of   the   act    of    the   eighth    of   May,    one   thousand 
eight    hundred    and    fifty-four,    shall     be    within    -jy,,     >^      -   .   n 
ten    days    of   the   fii-st    Monday    of   June,    in    each    organlze°''an(r  fax 
year:     And    provided    further.     That    the     school    be  levied.' 
tax  for  each   year  shall   not   be   levied   until  after 
such   organization   and  before    the    first    of    July    o^ceis  of  b"a''i- 
of  each  year  (m). 

LXVI.  That  each  board  of  school  directors  and  each  boa,rd 
of  controllers  in  cities  and  boroughs,  shall  meet  and  organize 
by  choosing  a  president  and  secretary,  who  shall  be  members 
of  the  board,  and  a  treasurer,  who  may  be  a  member  of  the 
board  or  otherwise,  at  the  discretion  of  the  directors  or  con- 
trollers (nj. 

LXVII.  That  from  and  after  the  passage  of  this  act.  the  board 


(1)   Act  of  June  6,  1893,  sec.  2,  P.  L.  p.  331. 
(m)   Act  of  April  22,   1863,  sec.   1,  P.  L.  p.   .'52^. 
(n)   Act  of  May  8,    1854,  sec.   12,   P.   L.   p.   619. 


28  SCHOOL    LAWS    AND    DECISIONS 

Borough  and  of    schtml-di rrcturs    in    evors'     borousli    aud    town- 

boards^'"  **^****"''  ^^'P  wiiliin  this  Commonwealth,  annually, 
upon  their  organization  or  within  twenty  days 
Secretary.  thereafter,    shall    elect    some     suitable    person    as 

secretary,  who  may  be  a  member  of  said 
board,  or  otherwise  (o). 

'25.  The  hrst  business  at  the  meeting  for  organization,  after 
the  temi)orary  organization,  is  the  reading  of  the  returns  of 
election,  to  ascertain  who  are  members. 

20.  Directors  elect  can  exercise  none  of  the  powers  of  their 
office  till  after  the  organization  of  the  new  board,  which  can- 
not take  '^'ace  until  on  or  after  the  first  Monday  of  June. 

27.  If  a  hnnrd  of  directors  fail  to  organize,  ii  is  such  neglect 
of  duty  as  will  justify  the  court  of  quarter  sessions,  upon  the 
complaint  of  six  taxable  citizens  of  the  district,  and  upon  due 
proof  thereof,  to  declare  their  scats  vacant,  and  appoint  others 
in  their  stead. 

28.  If  the  school  dii'ectors  neglect  to  organize  within  ten  days 
after  the  first  Monday  of  June,  as  specified  by  law,  they  may 
do  so  at  a  future  time,  and  such  organization  will  be  strictly 
legal,  if  no  final  steps  should  be  taken  in  the  meantime  to 
remove  the  directors  elect  from  olfice  by  due  course  of  law. 

29.  The  officers  and  members  of  the  old  board  are  to  perform 
their  several  duties  until  the  first  Monday  of  June.  The  or- 
ganization of  the  old  hoard  ceases  with  the  first  Monday  in 
June,  but  steps  should  be  previously  taken  for  calling  a  meeting 
of  the  new  board  in  accordance  with  the  law. 

DUTIES  OF  OFFICERS. 

A.     The    President. 

LXVIII.  Thai  the  President  shall  preside  at  the  meetings  of 
the  board,  call  special  m(M?tiugs  when  neces- 
^aties  of  presi-  sai'y.  issue  tlie  duplicate  and  warrant  for  the 
collection  of  tlie  district  taxes,  take  sufficient 
bond  from  the  district  treasurer  for  the  faithful  discharge  of 
his  duty,  and  sign  the  certificate  of  the  assessment  of  the  dis- 
trict taxes,  and  all  orders  on  the  district  treasurer  by  order 
of  the  board,  also  the  annual  re[)nrt  of  the  district  to  the  county 
superintendent  and  generally  do  aud  perform  all  other  acts 
and  duties  lawfully  pertaining  to  the  office  of  the  president  of 
the  board   (p). 

30.  All  deeds  and  contracts  by  the  districts,  including  those 
with  teachers,  are  to  be  signed  by  the  president. 


(o)    Act  of  April  22,   1905,  sec.   1,  P  L.  p.   286. 
(p)    Act  May  8.   1854.  sec.   13,  P.  L.  p.   619. 


OF  PENNSYLVANIA.  *i9 

31.  The  president  is  to  swear  or  affirm  to  the  annual  certili- 
cate  setting  forth  the  time  that  the  schools  have  been  open  and 
in  operation.  . 

32.  The  president  votes  on  every  question  like  any  other 
member. 

B.     The   Secretary. 
LiXIX.  That    the   secretary   shall   keep   full   minutes   of   all    the 
proceedings    of    the    board,    in    a    book    provided  ^^    ^^^^^ 

for  that  purpose,  prepare  the  duplicate  of  ^^^y. 
school  tax,  keep  an  account  of  all  abatements 
and  exonerations  made  by  the  board,  prepare,  attest,  and  for- 
ward to  the  county  superinteudent  the  annual  certificate  of  the 
number  of  months'  during  the  year  that  the  schools  have  been 
kept  open  and  in  operation  according  to  law.  Also,  the  annual 
report  of  the  district,  prepare  and  attest  all  orders  on  the 
treasurer,    and    do    and    perform    all    other    acts  receive 

and    duties    lawfully    pertaining    to    the    office    of    compensation, 
secretary     of     the    board,     and    for    his    services 
shall    receive  such  compensation  as  the  board  may  direct  (q). 

33.  The  names  and  P.  O.  address  of  the  president,  secretary 
and  treasurer,  are  to  be  sent  upon  the  organization  of  the 
board,  at  the  first  meeting  after  the  annual  election  of  direc- 
tors, by  the  secretary  to  the  Sunerintendent  of  Public  Instruc- 
liou.   at   Harrisburg,   and   also   to    the   county   superintendent. 

34.  The  secretary  is  to  countersign — that  is,  officially  attest — 
all  deeds  and  contracts  of  the  board,  after  they  have  been 
signed  by  the  president.  If  the  board  has  a  seal,  the  secretary 
is  to  have  the  custody  of  it,  and  to  affix  it  to  all  deeds  and 
contracts  signed  by  the  president. 

35.  The  secretary  is  to  receive  the  monthly  reports  from  the 
teachers,  examine  them,  and  if  found  correct  sign  them ;  if  not 
correct  he  is  to  have  them  made  so  before  issuing  the  monthly 
order  for  the  teacher's  salary. 

86.  At  the  end  of  the  terra,  the  books  of  monthly  reports  are 
to  be  deposited  with  the  secretary,  and  kept  by  him  till  the 
commencement  of  the  next  term. 

37.  The  secretary  is  to  see  that  the  "last  adjusted  valuation," 
of  taxable  persons  and  property  is  procured  from  the  county 
commissioners  in   time  for  the  making  out   of  the  duplicate. 

38.  The  duplicate  is  to  be  made  out  by  the  secretary  under 
the  direction  of  the  board.  He  is  also  to  countersign  it,  and 
keep  an  account  of  all  exonerations. 

39.  The  "Pennsylvania  Scohol  Journal,"  when  supplied  to 
each  district  at  the  expense  of  the  State,  is  sent  to  the  secre- 
tary, and  each  copy  is  to  be  by  him  laid  before  the  board  at 
the  next  meeting  after  its  reception. 

(q)    Act  May  8,   1854,  sec.   14,  P.  L.  p.   619. 


30  SCHOOL   LAWS  AND   DECISIONS 

40.  The  file  of  the  Journal,  thus  received,  is  also  to  be  pre- 
served and  transmitted  to  bis  successor  in  office. 

4i.  The  secretary  is  to  keep  the  deeds,  contracts  and  other 
valuable  papers  and  documents  of  tlie  district  and  transmit 
them  to  his  succesor. 

LXX.  Immediately  after  the  annual  appointment  of  the 
Secretary  to  no-  teachers  of  each  district  the  secretary  of  the 
tify  superintend-  board  shall  send  a  written  list  of  their  names, 
ent  of  teachers  and  the  schools  to  which  they  have  been  re- 
elected and  length  spectively  appointed,  to  the  proper  county  su- 
°     ^'^^'  perintendent,    with    a    notice    of    the    day    upon 

which  the  ensuing  term  of  school,  in  the  district  will  com- 
mence, and  the  termination  thereof,  as  directed  by  the  board 
ir). 

C.     The   Treasurer. 

LXX  I.  That    the    treasurer    shall    give    bond    to    the    president 

for  the  tise  of  the  district,  in  such  amount  and 
treasurer  to  give    ^.j^j^    ^^^^    sureties    as   shall    be   approved    by    the 

board,  for  the  faithful  performance  of  his 
duty ;  he  shall  receive  all  State  appropriations,  district  tax, 
and  other  funds  of  the  district,  and  pay  thereout  all  orders 
of  the  board  signed  by   the  president  and  attested   by  the  secre- 

tary ;  he  shall  settle  his  accounts  annually  with 
^uties"'^'''"^  tl^*^    directors     and     controllers,     in     default      of 

which  he  shall  not  be  re-appointed ;  he  shall 
pay  over  the  balance  without  delay  to  his  successor  in  office, 
and  generally  do  and  perform  all  acts  and  duties  lawfully  per- 
taining to  his  office  as  district  treasurer,  and  shall  be  allowed 
to  retain  not  exceeding  two  per  cent,  on  the  money  passing 
through  his  hands  for  his  services  (s). 

42.  The  treasurer  is  not  to  enter  upon  the  duties  of  his  office 
till  his  official  bond  has  been  presented  and  approved  by  the 
board. 

43.  A  treasurer  has  no  right  to  go  behind  a  school  order  to 
inquire  into  the  propriety  of  its  amount.  If  it  be  for  a  legal 
purpose,  and  signed  by  the  president  and  attested  by  the  sec-i 
retary,  he  must  promptly  pay  it,  without  delay  or  objection, 
upon  presentation  by  the  rightful  holder,  in  legal  currency, 
or  as  good  current  money  as  he  received.  If  he  have  no  school 
money  in  his  hands,  that  cause  or  refusal  to  pay  should  be  im- 
mediately reported  to  the  directors,  who  should  take  prompt 
measure  to  obviate  the  difficulty. 

U-)    Act  April  11,   1862,  sec.  -!,  P.  L.  p.  472. 
(s)    Act   May  8,   1854,   sec.   J 6,   P.   L.   p.   620. 


OF  PENNSYLVANIA.  31 

44.  It  is  the  legal  right  of  teachers  and  others  to  have  their 
school  orders  paid  in  cash  upon  presentation  to  the  treasurer, 
without  hindrance  or  delay. 

45.  It  is  a  gross  violation  of  duty  for  a  school  treasurer  to 
purchase  school  orders  ;  and  if  he  do  it  with  his  own  funds  when 
there  is  money  in  the  treasury,  he  should  be  immediately  re- 
moved trom  office,  and  punished  for  the  offense. 

46.  Every  order  should  state  on  its  face  the  purpose  for 
which  it  was  drawn.  If  it  do  not,  the  treasurer  is  not  bound  to 
pay  it;  or  the  auditors  on  the  settlement  of  his  account  may 
refuse  to  allow  it. 

47.  Executions  are  to  be  paid  by  the  treasurer,  out  of  any 
"unappropriated"  funds  in  his  hands,  or  which  shall  first  come 
into  his  hands.  "Unappropriated"  here  means  money  in  the 
treasury  beyond  the  amount  of  orders  issued  by  the  board  but 
not  paid,  previous  to  the  service  of  the  writ  of  execution.  An 
amount  sufficient  to  pay  those  previously  issued  orders  is  to  be 
regarded  as  appropriated. 

48.  No  treasurer  is  to  be  re-appointed  till  his  accounts  for  the 
preceding  year  have  been  settled  by  the  board,  and  audited  by 
the  district  auditors. 

49.  The  settlement  by  the  board  is  for  the  purpose  of  ascer- 
taining the  condition  of  the  district  accounts,  the  amount  of 
tax,  etc..  paid  in,  and  of  money  paid  out,  and  the  balance  on 
hana,  if  any,  for  the  information  of  the  board. 

50.  The  settlement  by  the  auuitors,  of  the  treasurer's  ac- 
counts, is  to  verify  those  accounts,  and  to  enable  an  appeal 
to  be  taken   to  court,   by  either  oarty,   if   the   case   demand   it. 

51.  The  accounts  of  treasurers  of  independent  districts  will  be 
settled  by  the  auditors  of  the  township  from  which  the  district 
was  taken. 

•  J.  Percentage  is  not  allowed  to  any  outgoing  treasurer,  on 
the  unexpended  balance  in  the  district  treasury,  handed  over 
to  his  successor. 

.53.  Treasurers  who  refuse  or  neglect  to  pay  over  to  their  suc- 
cessors in  office  any  balance  of  funds  in  their  hands,  are  liable 
to  the  district  for  interest  on  the  same  from  the  time  when  this 
should  have  been  paid  over. 

54.  If  a  school  treasurer  should  convert  to  his  own  use,  or 
use  by  way  of  investment,  any  school  moneys  in  his  hands,  or 
prove  a  defaulter,  the  act  will  be  deemed  an  embezzlement, 
and  be  punished  as  a  misdemeanor. 

LXXII.  That    the    treasurer     shall     settle     his    Must  settle  his 
accounts    annually    with     the    directors    or    con-    accounts, 
trollers,  in  default  of  which  he  shall  not  be  reappointed  (t). 


(t)    .\ct  May  8,   1854,   sec.    16,   P.  L.  p.   6g0. 


iii^  SCHOOL    LAWS   AND    DECISIONS 

D.     General  Provision. 

LXXIII.  That  if  the  president  or  secretary   shall   absent  him- 
self   from    any    meeting   of    the    board,     or     being 
When  president        present,    refuse    to    perform    any    of   the    duties    of 
tem'Xy  be  ^ap.    H'^,,*^®,^*^'    ^    president    or    secretary    pro    tempore 
pointed.  shall     be     appointed     by     the     membei-s     present, 

and  entry  thereof  be  made  on  the  minutes;  and 
the  acts  necessarily  performed  by  such  president  or  secretary 
pro  tempore,  during  such  meeting,  shall  be  as  valid  and  bind- 
ing on  the  board  and  district  as  if  they  had  been  performed  bv 
the  regular  officers  of  the  board  (a). 

55.  This  act  is  intended  to  prevent  delay  in  the  proceedings 
of  a  board,  by  the  absence,  or.  if  present,  by  the  refusal  to 
act.  of  the  regular  officers.  If  others  are  appointed  in  such 
cases,  pro  tempore,  the  fact  either  of  absence  or  refusal  to 
act,  should  be  entered  on  the  minutes,  with  the  names  of  the 
persons  substituted.  This  being  done,  the  official  acts  of  the 
officers  pro  tempore,  or  either  of  them,  are  as  valid  and  bind- 
ing on  the  district  as  those  of  the  regular  officers  would  have 
been,  had  they  acted. 

Meetings  of  the  Board. 
Meetings  of  di-  LXXIV.  That    each     board     of    directors     and 

rectors  and  con-      controllers     should     hold     at      least     one     stated 
troiiers.  meeting      in      every      three      months;      and      such 

stated  meetings.  Other  meetings  as  the  circumstances  of  the  dis- 
trict may  require,  shall  be  held  at  such  time 
and  place  as  may  be  designated  by  the  president  and  secretary, 
upon  due  notice  given  to  each  member  of  the  board.  If  less 
than  a  majority  of  directors  or  controllers  attend  any  meeting, 
no  business  shall  be  transacted  thereat,  except  that  of  adjourn- 
ment, and  of  appointment  to  fill  vacancies  in  the  board,  as  is 
hereinbefore  oirected  (v). 

56.  The  minutes  of  the  last  preceumg  regular,  and  of  all  in- 
tervening special  or  called  meetings,  .should  be  read  immedi- 
ately after  the  calling  the  roll,  at  every  regular  meeting.  But 
the  minutes  of  previous  meetings  need  not  be  read  at  any 
special  or  called  meetings. 

57.  Four  members  regularly  convened,  can  transact  any  busi- 
ness within  the  power  of  the  board ;  and  the  majority  of  a 
tiuorum  (three)  can  decide  any  question  except  those  speci- 
fied in  section  LXXVII,  each  of  which  requires  the  votes  of 
four    in    the    affirmative    to    adopt    it ;    and,    in    these  cases,  the 

(u)    Act  May  8.   1854,  sec.    !.5,   P.   L.   p.   620. 
(r)    4ct  Maj-  8.   1854.   sec.   1".   F.   h.   p-   6y0, 


OF  PENNSYLVANIA.  33 

uames    of     those     voting     in     the     affirmative     and     negative     are 
both  entered  on  the  minutes. 

58.  All  motions  and  resolutions  of  importance,  such  as  those 
for  the  laying  of  tax,  purchase  or  sale  of  houses  and  lots,  fixing 
the  duration  of  the  school  term,  etc.,  should  be  put  in  writing 
by  the  person  offering  them,  before  being  entertained  by  the 
president,  and  should  be  entered  on  the  minutes  at  length. 

59.  If  less  than  four  members  attend,  no  business  can  be 
legally  transacted,  except  adjourning  to  some  future  time,  then 
to  be  named ,  and  filling  vacancies  in  the  board. 

60.  Directors,  as  individuals,  signing  an  agreement  to  pur- 
chase articles  of  furniture  or  apparatus  for  the  schools,  does 
not  bind  the  board.  What  men  do  as  individuals  they  are  pre- 
sumed to  do  for  themselves ;  the  members  of  a  board  of  di- 
rectors cannot  act  legally  unless  they  act  iu  a  body.  Of  course 
a  board  of  directors  can  authorize  a  member  to  discharge  some 
duty  and  then  his  acts,  within  the  limits  of  his  authority,  are 
legal.  A  board  of  directors  may  also  sanction  the  individual 
acts  of  members,  and  thus  legalize  them :  but  the  only  safe 
way  is  to  act  in  a  body,  as  the  law  enjoins. 

(51.  A  tie  vote  looses  the  question  ;  that  is,  the  same  number  of 
votes  on  each  side ;  or  rather,  failing  to  carry  by  a  majority 
of  those  voting,  it  leaves  the  question  where  it  was  before  the 
vote  was  taken,  and,  therefore,  effects  no  change. 

62.  Every  regular  meeting  should  adjourn  to  meet  again  at  a 
time  and  place  then  agreed  on,  and  so  entered  on  the  minutes; 
unless  the  time  and  place  are  determined  by  the  standing  regu- 
lations, which  ought  always  to  be  the  case. 

LXXv:  That  the  term  "stated  meeting,"  or  "regular  meeting," 
of    the    board    of     directors    or   controllers,     when- 
ever   they    occur    in    the    act    to    which    this    is    a    j^ateti'"^^   *^^' 
further   supplement,    shall    hereafter    be    taken    to 
mean   the   first   meeting   thereof  for  organization,   after   the  anual 
election     of    directors     or    controllers,   and    the    monthly   or  other 
periodical  meeting  held   thereafter,   in  accordance   with  "the  stand- 
ing   regulations    of    the    board.     But,    if    there    are    no    standing 
regulations,    then    every    meeting    held    in    succession,    from    said 
first    meeting   for   organization,    by    adjournment    to    a    time    and 
place   certain,    and   so    entered     on   the   minutes    of    the    proper 
board,  shall  be,  to  all  intents  and  purposes,  regarded  as  a  regular 
meeting  (w). 

63.  No  business  can  be  transacted  at  a  special  or  called  meet- 
ing, except  that  for  which  the  meeting  was  called,  and  which 
is  either  to  be  specified  in  the  call,  or  stated  by  the  president 
at  the  opening  of  the  meeting,  and  put  on  the  minutes. 

iw)    Act  April  11.   1862.   sec.  3.  P.   L    p.   471. 


34  SCHOOL   LAWS   AND   DECISIONS 

64.  A  called  or  special  meeting  need  not  be  adjourned  to  any 
time  or  place,  unless  the  special  business  has  not  been  com- 
pleted, when  it  may  adjourn  to  some  time  and  place  named, 
for  the  special  purpose  of  completing  it. 

LXXVI.  If  the  president  of  the  board  of  school  directors  or 
controllers  shall  neglect  or  refuse  to  call  special 
meetinirmay  meetings,    when    required    by    a    written    request 

be  called  on  signed  by  three  members  of  the  board,  such  mee:- 

negiect  of  presi-  ings  may  be  called  by  any  two  members  of  said 
<^^^i-  board,  and  any  business   transacted  at  a  meeting 

so  called  shall  be  legal,  the  same  as  though  the  meetings  had 
been  held  pursuant  to  a  notice  given  by  the  president  (x). 

LXXVII.  That  no  tax  for  school  or  building  purposes  shall 
be  levied,  no  resolution  shall  be  adopted  for 
had  In  certain  ^^^    purchase    or    sale    of    any    school    real    estate, 

raises  except  on  no  school  house  shall  be  located  or  its  location 
vote  of  a  majori-  abandoned  or  changed,  no  teacher  shall  be  ap- 
ty  of  the  board,  pointed  or  dismissed,  no  annual  school  term 
shall  be  determined  on,  nor  shall  any  general  course  of  studies 
be  adopted  or  annual  series  of  text  books  be  selected,  in  any 
cornmon  school  district,  except  by  the  affirmative  votes  of  a 
majority  of  the  whole  number  of  the  directors  or  controllers 
thereof;  and  in  each  of  said  cases  the  names  of  the  members 
voting,  both  in  the  affirmative  and  the  negative,  shall  be  so 
entered  on  the  minutes  of  the  board  by  the  secretary  (y). 

Powers  and  Duties   of  Directors  and   Controllers. 

LXXVIII.  That  the  board  of  directors  of  every  uistrict,  and 
p  ri   d  f     controllers  in  cities  and  boroughs,  under  the  pro- 

ies  o/liifectors?  visions  of  section  second,  shall  possess  and  ex- 
ercise the  following  powers  and  perform  the  fol- 
lowing duties,  together  with  the  other  powers  and  duties  given 
and  enjoined  by  this  act  (z). 

LXXIX.  They  shall  establish  a  sufficient  number  of  common 
To  establish  schools    for    the    education    of    every    individual 

schools  for  min-  above  the  age  of  six  and  under  twenty-one  years, 
ors  of  certain  in  their  respective  districts,  who  may  apply  for 
''ses.  admission  and  instruction,  either  in  person  or  by 

parent,  guardian  or  next  friend   (a). 

LXXX.  That  from  and  after  the  passage  of  this  act  it  shall 
Entrance  of  be-  t»e  lawful  for  school-boards  to  confine  the  en- 
ginners  Into  the  trance  of  beginners  into  the  public  schools  to 
public  schools.        certain     periods,     of     not     less     than     one     week 

(X)  Act  Ap'U   17.   1865,  sec.  2,  P.  L.  p.   6li. 

(y)  Act  April   11,   1862,  sec.  4,  P.  L.  p.  472. 

(z)  Act  May  S,   18.54,  sec.  S-^.  P.  L.   p.   621. 

(a)  Act   May  8,    1854,   sec.   'J.?^,   P.   L.   p.   621. 


OF  PENNSYLVANIA.  35 

each,  in  the  course  of  the  school  year:  Provided,  however, 
That  at  least  two  such  periods  shall  be  fixed  upon,  and  that 
beginners  Decoming  six  years  of  age  in  the  interval  between  any 
two  periods  shall  have  permission  to  enter  within  the  period  im- 
mediately preceding  such  interval. 

For  the  purpose  of  this  act,   the  word   "begin-         .  ^  -     . 

ner"  shall  mean  any  child  of  school-age  that  Beginner  defined. 
can  not  read  and  write   (b). 

LXXXI.  That  the  school  directors  or  controllers  of  the  several 
school  districts  of  this  Commonwealth  may  establish  and  maintain, 
out  of  the  public  school  treasury,  free  kindergartens  for  children 
between  the  ages  of  three  and  six  years,  residing  in  their  dis- 
tricts (c). 

LXXXI  I.  That  the  school  directors  or  controllers  of  the 
several  school  districts  of  this  Commonwealth  may  establish 
and  maintain,  out  of  the  public  school  treasury,  free  kinder- 
gartens for  children  between  the  ages  of  three  and  six  years, 
residing  in  their  districts,  and  may  co-operate  with  and  assist 
kindergartens  that  have  been  or  may  hereafter  be  established 
by  other  non-sectarian  agencies:  Provided, 
however.  That  the  provisions  of  this  act  shall  Proviso, 
not  apply  to  school  districts  in  which  kindergartens  have  been, 
are  now,'  or  hereafter  may  be,  established  and  maintained  by 
said  school  district  (d). 

LXXXIII.  No  child,  or  other  person,  suffering  from  anthrax, 
bubonic     plague,     cerebrospinal     meningitis     (epi-  nicabie 

demic),   (cerebrospinal  fever,   spotted  fever),  Asia-    diseases. 
tic  cholera,   smallpox  (variola,   varioloid),   typhus 
fever,  yellow  fever,  relapsing  fever,  or  leprosy,  or  residing  in  the 
same  premises   with   any   person   suffering  from   any  of  said   dis- 
eases,   shall    be    permitted    to   attend    any   public,    _    ,    .      , 
private,   parochial,    Sunday   or  other   school ;   and    fc^boof '''° 
the  teachers  of  public  schools  and  the  principals 
superintendents  and  teachers,   or  other  persons  in  charge  of  pri- 
vate, parochial,   Sunday,   or  other  similar  schools,  are  hereby  re- 
quired to  exclude  any  and  all  such  children  or  persons  from  said 
schools ;   such   exclusion   to  continue  for  a  period   of  thirty   days 
following  the  release ,   by  reason  of  the  recovery  or  death ,   of  the 
person  last  afflicted  in  said  premises,   or  his  or  her  removal  to  a 
hospital,    the   removal   of  quarantine,    and   the   thorough   disinfec- 
tion of  the  premises. 

No   child,   or   other   person,   suffering   from   scarlet   fever   (scar- 
latina,   scarlet    rash)    shall    be    permitted    to    at- 
tend   any    public,    private,    parochial,    Sunday,    or    Scarlet  fever. 

(b)  Act   May   31,    1907,    P.    L.    p.    231. 

(c)  Act  April   14,    1897,   sec.    1,   P.   L.   p.    22. 

(d)  Act   April   23,    1901,    sec.    1,   P.   L,.    p.    93. 


36  SCHOOL   LAWS   AND   DECISIONS 

♦ 

other  school ;  and  the  teachers  of  public  schools. 
Exclusion  from  and  the  principals,  superintendents,  and  teach- 
sciiooi.  ers,    or   other   persons   in    charge    of   private,    pa- 

Other  Inmates  of    ''o*^^^^!'    Sunday,    and    other    similar    schools,    are 
premises.  hereby  required  to  exclude  any  and  all  such  chil- 

dren and  persons  from  such  schools ;  such  ex- 
Excluslon.  elusion  to  continue  for  a  period  of  thirty  days  fol- 

lowing the  removal  of  quarantine  and  the  disinfec- 
tion of  the  premises  wherein  such  child  or  other  person  shall 
reside ;  and  no  child,  or  other  person,  residing  in  the  same  premises 
with  any  person  suffering  from  scarlet  fever  (scarlatina,  scarlet 
rash),  shall  be  permitted  to  attend  any  public,  private,  parochial, 
Sunday,  or  other  school ;  and  the  teachers  of  public  schools,  and 
the  principals,  superintendents,  teachers  or  other  persons  in  charge 
of  private,  parochial,  Sunday,  and  other  similar  schools,  are  hereby 
required  to  exclude  any  and  all  such  children  or  persons  from 
said  schools,  until  the  expiration  of  the  quarantine  period  for 
the  last  person  in  the  said  premises  so  afflicted ;  provided  the 
per.son  or  persons  so  afflicted  has  or  have  been  properly  isolated 
during  the  quarantine  period ;  otherwise,  such  exclusion  to  con- 
tinue for  a  period  of  ten  days  following  the  removal  of  quaran- 
tine and  disinfection  of  the  premises,  by  reason  of  the  recovery, 
death  or  removal  to  a  hospital  of  the  person  last  afflicted  in  said 
Proviso.  premises:    Provided,    however,   That   any   child    or 

person  who  is  immune  from  .scarlet  fever,  by  virtue 
immunes.  of   a   former   attack — this   fact   being   attested    by 

the  attending  physician — may,  on  an  outbreak  of  the  said  disease  in 
the  premises  in  which  he  or  she  resides,  be  allowed,  after  taking 
a  disinfecting  bath  and  putting  on  disinfected  clothing,  to  remove 
therefrom  and  take  up  his  or  her  residence  in  other  premises 
occupied  exclusively  by  adults,  and  may,  from  and  after  ten  days 
from  such  removal,  be  admitted  into  any  of  the  said  schools  (e). 
LXXXIV.  No  child,  or  other  person,  suffering  from  diph- 
theria (dipththeritic  croup,  membraneous  croup, 
DiDhtherla  "^    putrid    sore    throat)    or    residing    in    the    same 

premises  with  any  person  suffering  therefrom. 
Exclusion.  shall  be   permitted   to  attend  any  public,   private, 

parochial.  Sunday,  or  other  school ;  and  the 
teachers  of  public  schools,  and  the  principals,  superintendents,  and 
teachers,  or  other  persons  in  charge  of  private,  parochial,  Sunday, 
or  other  similar  schools,  are  hereby  required  to  exclude  any  and 
all  such  children  or  persons  from  said  schools;  such  exclusion 
to  continue  for  a  quarantine  period  of  twenty-one  days  from  the 
date  of  onset  of  the  disease  in  the  last  person  so  afflicted ;  or 
for  a  period  of  fourteen  days  from  the  date  of  onset  of  the  disease 
in    the  person    last   so    afflicted,    provided    that  antitoxin  has   been 

(e)    Act  May   14.   1909.   sec.   3,    P.   T..   p.   857. 


OF  PENNSYLVANIA.  37 

used  for  the  treatment  of  the  person  or  yersous  so    Proviso. 
aflBicted,  and  for  the  immunizing:  of  the  inmates  of   cun^rgg 

the    premises    not    so   afflicted:    And    further   pro-  ' 

vided,  That  two  negative  bacteriological  cultures  have  been  se- 
cured from  the  diseased  area  of  the  person  last  so  afflicted,  on 
two  successive  days ;  said  children  or  persons  may,  in  either 
event,  thereafter,  upon  the  removal  of  quarantine  and  disinfection 
of  the  premises,  be  immediately  readmitted  to  any  of  said 
schools   (f). 

LXXXV.     No  child,  or  other  person,  suffering 
from    measles,    German    measles,    chicken-pox,    or    -^''"isies. 
mumps,  or  residing  in  the  same  premises  with   any  person  suffer- 
ing  thei-efrom,   shall   be   permitted   to   attend   any 
public,  private,  parochial,  Sunday,  or  other  school ;     '-''<-i''sion. 
and    the   teachers    of   all    public   schools,    and    the    principals,    su- 
perintendents, and  teachers,  or  other  persons  in  chaige  of  private, 
parochial.   Sunday,   or  other  similar  schools,   are   hereby   required 
to  exclude  any  and  all  such  children  or  oersons  from  said  schools ; 
such  exclusion  to  continue  during  a  quarantine  period  of  twenty-one 
days,  and  until  the  said  quarantine  is  removed  and  the  premises 
disinfected:    Provided,    however,    That    any    child 
or  pei-son  who  may  have  been  exposed  to  any  of    i^''"'^'iso. 
said   diseases,   owing   to   an   outbreak   thereof   in   the   premises   in 
which   he   or  she   resides,   but   who   shall   not   have   developed   the 
same,    shall    be    allowed,    after    taking    a    disinfecting    bath    and 
putting  on  disinfected  clothing,  to  remove  therefrom,  and  take  up 
his   or   her   residence    in    other   premises   occupied   exclusively    by 
adults,    and    may,    after    fourteen    days    from    such    removal,    be 
admitted  into  any  of  said  schools. 

No     child,     or     other     person,     suffering     from"  Whooping-cougb 
Whooping-cough   or  erysipelas  shall   be   permitted    "''  erysipelas, 
to  attend  any  public,   private,   parochial,   Sunday, 
or  other  school ;  and  the  teachers  of  public  schools,    Exclusion 
and  the  principals,  superintendents,  and  teachers, 
or  other  persons   in  charge  of  private,   parochial, 
Sunday,  or  other  similar  schools,   are  hereby   required   to  exclude 
any  and   all   such   children   and   persons   from  said  schools,   for  a 
period  of  thirty  days  following  the  removal  of  the  quarantine  on 
the  premises  wherein  such  children  or  persons  reside,  respectively, 
and  the  disinfection  of  the  premises,  and  of  the  person  or  persons 
suffering   from   such   disease   (g). 

LXXXYI.     No  child,  or  other  pei-son,  excluded  from  any  school 
by   the  provisions  of  this  act,   shall   be   readmitted   thereto  unless 
he  or  -she,  or  some  person   on  his  or  her  behalf, 
shall    furnish    to    the    principal,    superintendent,    I^cITtoT       "  *" 
or    teacher,    or    other    person    in    charge    of    said 

(f)  Act  May  14,  1909,  sec.  5,  P.  L.  p.  858. 

(g)  Act  May  14.  1909,  sec.  6,  P.  L.  p.  859. 


38  SCHOOL  LAWS  AND   DECISIONS 

school,  a  certificate  setting  forth  that  the  con- 
Certificate,  ditions  for  such  readmission  prescribed  by  this 
act  have  been  complied  with  ;  which  certificate  shall  be  signed  by  a 
person  to  be  designated  for  that  purpose,  in  cities,  boroughs, 
and  townships  of  the  first  class,  by  the  health  authorities  thereof, 
exclusively ;  and  in  townships  of  the  second  class,  and  in  cities, 
boroughs  and  townships  of  the  first  class,  not  having  boards  of 
health    or    bodies    acting    as    such,    by    the    State    Department    of 

Health ;  and  the  registry  of  all  public,  private, 
Regisj:ration  of  parochial,  Sunday,  and  other  schools  shall  ex- 
sons.^  **"    '^  '^'       hibit    the    names    and    residences    of    all    children 

and  persons  excluded  therefrom  or  readmitted 
thereto,  agreeably  to  the  provisions  of  this  or  any  other  act  of 
Assembly ;  and  said  registry  shall  be  open,  at  all  times  to  the 
Inspection   of  inspection   of   the   city,    borough,    or   township   au- 

register  thorities    and    the    State    Department    of    Health 

and  their  respective  oflicers  and  agents. 

It  shall  be  the  duty  of  the  health  authorities  of  cities,  bor- 
oughs, and  townships  of  the  first  class,  respectively,  to  furnish 
Daily  reports  by  daily,  by  mail  or  otherwise,  to  principals,  super- 
healtu  autliori-  intendents,  teachers,  and  other  persons,  in  charge 
*^i^s-  of   public,    private,    parochial,    Sunday    and    other 

schools,  a  printed  or  written  bulletin  containing  the  name,  location, 
and  disease  of  all  persons  suffering  from  any  of  the  diseases  men- 
tioned in  sections  three,  four  ,  five,  six  and  seven  of  this  act, 
upon  receipt  by  them  of  reports  of  such  cases  from  physicians, 
as  required  by  section  one  of  this  act;  and  such  bulletin  shall  be 
daily  furnished  to  such  persons  in  charge  of  such  schools  in  town- 
ships of  the  second  class,  and  in  cities,  boroughs,  and  townships 
of  the  first  class,  not  having  boards  of  health  or  bodies 
By  the  Depart-  acting  as  such,  by  the  State  Department  of 
ment  of  Health.       Health    (h). 

LXXXVII.  No  person  suffering  from  anthrax,  bubonic  plague, 
cerebrospinal  meningitis  (epidemic),  (cerebrospinal  fever,  spotted 
fever),  chicken-pox,  Asiatic  cholera,  diphtheria  (diphtheritic  croup, 
membraneous  ctoup,  putrid  sore  throat),  German  measles,  measles, 
mumps,  relapsing  fever,  scarlet  fever  (scarlatina,  scarlet  rash), 
smallpox  (variola,  varioloid),  typhus  fever,  yellow  fever,  or  whoop- 
ing-cough, shall  wilfully  expose  himself  or  herself 
Uc^Dlaces  *°  ^  ^^  ^^^  street  or  public  place  or  public  conveyance, 
nor  shall  any  person  in  charge  of  any  one  so 
suffering  thus  expose  the  sufferer,   (i). 

LXXXVIII.  Any  physician,  undertaker,  teacher  of  a  public 
school,  principal  of  a  school,  superintendent  of  a  Sunday  school, 

(h)   Act  May  14,   1909,   sec.   8,   P.  L.  p.   859. 
(i)   Act   May   14,    1909,    sec.    13,    P.    L.    p.    861. 


OF  PENNSYLVANIA.  39 

sexton,   janitor,    or   any   other   person    or   persons, 
who  shall  fail,  neglect,  or  refuse  to  comply  with,    fanuj"''to  "b'   *"" 
or  who  shall  violate,  any  of  the  provisions  of  this    serve,    provisions 
act,  shall,  for  every  such  offense,  upon  conviction    of  tii'is  act. 
thereof    in     a     summary     proceeding     before     any 
magistrate  or  justice  of  the  peace  of  the  county  wherein  said  of- 
fense was  committed,  be  sentenced  to  pay  a  fine  of  not  less  than 
twenty   ($20)    dollars,   or   more    than   one    hundred    penaitv 
($100)  dollars,  to  be  paid  to  the  use  of  said  county, 
or  to  be  imprisoned  in  the  county  jail  for  a  period  of  not  less  than 
ten   or  more   than    thirty   days,   or  both,   at   the   discretion   of   the 
court  (J). 

LXXXIX.  All  principals    or    other    persons    in    Principals    of 
charge    of    schools    as    aforesaid    are    hereby   re-    sciioois  must  re- 
quired   to   refuse    the   admission    of   any   child    to    chifdreu'^except "*■ 
the    schools    under    their    charge    or    supervision,    ou    certificate 
except   upon   a   certificate   signed   by   a   physician    showing   ti'iat 
setting   forth    that   such    child    has    been    success-    •''i'^  ^^^  '"^'^" 
fully    vaccinated,    or    that    it   has    previously    had    n'ls"  had    small 
small-pox  (f).  pox 

XC.  Any      physician,      undertaker,      principal      of      a      school, 
superintendent   of   a   Sunday   school,   sexton,   jan- 
itor,   head    of   a    family    or    any    other    person    or    Penalty  for  vio- 
persons     named     in      this     act,     who    shall    fail,    latlon  of  any  of 
neglect    or    refuse    to  comply  with,  or  who  shall    this  ^act!'*'""^ 
violate      any      of      the      provisions      or      require- 
ments     of      this      act      shall      for      every      such      offence,      upon 
conviction      thereof      before      any      mayor,      burgess,      alderman, 
police    magistrate,    or   justice    of    the    peace    of    the    municipality 
in  which  said  offence  was  committed,  be  liable  to  a  fine  or  pen- 
alty   thereof   of   not    less    than    five    dollars,    nor    more    than    one 
hundred    dollars,    which    said    fines    or    penalties     shall     be     paid 
into    the   treasury   of   such    municipality,   and    in   default   of   pay- 
ment    thereof,    such    person    or    persons    so    convicted    shall     un- 
dergo  an   imprisonment   in   the   jail   of   the   proper   county   for   a 
period  not  exceeding  sixty  days  (i). 

XCI.  That    after   June    first,    nineteen    hundred    independent 
and  nine,  whenever  a  distribution  of  funds  appro-    school   districts, 
priated  for  the  encouragement  and  support  of  bor-    ^ 
ough  high  schools  is  made,  high  schools  located  in    pr°opVia«ons  for 
independent    school    districts    and    maintained    by    borough   high 
such   districts   shall   share   in   such   distribution.        schools. 

i'  or  the  purpose  of  carrying  out  the  provisions  of  this  act,  high 
schools   maintained   by  independent   school   districts   in   this  Com- 

(f)    Act  June   18,    1895,  sec.    12,  P.    L.  p.  207. 

(i)   Act  June   18,    1895,  sec.   21,  P.   L.  p.  208. 

(j)    Act  May   14,    1909,  sec.    24,  P.    L.  p.  864. 
4 


40  SCFIOOL   LAWS   AND   DECISIONS 

mouwealth  shall  be  iusijeeted  and  classified  by  the 
MM'i*<f^fl'i^f^-^n"'^  Department  of  Public  Instruction,  the  same  as 
borough  high  schools  are  now  inspected  and  classi- 
fied, and  each  such  high  school  in  such  independent  school  dis- 
trict shall  receive  the  same  amount  of  State  appropriation  as  a 
borough  high  school  of  the  same  or  similar  grade  shall  receive  (m). 
Columbus  Day.  XCII.  That  the    twelfth    day  of   October  of   the 

present  year  of  our  Lord  nineteen  hundred  and  nine,  and  the 
twelfth  day  of  October  of  each  year  thereafter,  is  hereby  declared  a 
legal  holiday,  to  be  known  as  Columbus  Day,  for  all  purposes 
whatsoever  as  regards  the  transaction  of  business  in  the  public 
offices  of  this  State  or  counties  of  this  State  (n). 
Independent  XCIII.  That  from  and  after  the  passage  of  this 

school  districts,  act,  the  corporate  powers,  authorities,  and  fran- 
May  exercise  cer-  chises  conferred  upon  townships  of  the  first  class 
taiu  corporate  by  the  provisions  of  section  seven  of  the  act  of 
t!'era''nd''fran-  Assembly,  entitled  "An  act  to  provide  for  the 
chises  of  town-  classification  of  townships  of  the  Commonwealth, 
ships  of  the  first  with  respect  to  their  population,  into  two  classes, 
•^^**8-  and    to    prescribe    the    form    of    government    for 

townships  of  each  class,"  approved  April  twenty-eight,  one 
thousand  eight  hundred  and  ninety-nine,  and  its  various  supple- 
ments and  amendments,  be  and  the  same  are  hereby  conferred  upon 
all  independent  school  districts  in  this  Commonwealth  contiguous 
to  cities  or  boroughs. 

That  the  duty  of  the  execution   of  the  powers, 
powers    etc  authorities,  and  franchises  hereby  conferred  on  in- 

dependent school   districts   shall   be   vested   in   the 
duly  elected  school  boards  of  said  independent  school  districts  (o). 
XCIV.  That   every   parent,    guardian,    or   other   person   in   this 
Commonwealth     having     control     or     charge     of 
?ua%ians^'lTc°*^'    '^     ^^'^^^     "'"     children,      between      the     ages     of 
eight    and     sixteen   years,     shall     be    required    to 
send     such     child     or     children,     to     a     day     school     in     which 
the  common  English  branches  are  taught,  and  such  child  or  chil- 
dren     shall      attend      such      school      continuously 
Attendance.  during     the     entire     time     in     which     the     public 

school    in    their    respective    district    shall    be    in    session,    unless 
such    child     or    children     shall     be    excused    from 
ma^^°  be ''excused      ^"^^"^     attendance     by     the     board     of     the     school 
"^^  ^*^       ■    district    in    which    the   parent,   guardian    or   other 

person  resides,  upon  presentation  to  said  board  of  satisfactory 
evidence  showing  such  child  or  children  are  prevented  from 
attendance     upon     school     or    application     to    study     by    mental, 

(m)    Act  April   23,    1909,   P.   L.    p.   158. 
(n)    Act  April  29,  1909,  P.  L.  p.  274. 
(o)    Act    May    3,    1909,    P.    L.    p.    390. 


OP  PENNSYLVANIA.  41 

physical,     or    otlier     urgeut     reasons.      But      the      term      "urgent 
reasons,"'    shall    be    strictly    construed,    and    shall    not    permit    of 
irregular       attendance:       Provided,       That       the 
school    board    in    each    district    shall    have    power,    Proviso, 
at    its    June    meeting,    to    reduce    the    period    of    compulsory    at- 
tendance  to   not   less   than   seventy   per   centum    (70   per   centum) 
of    the    school    term    in    such    district,    in    which    case    the    board 
must,   at   that   date,    fix    the    time    for   compulsory   attendance    to 
begin.     This    act    shall    not    apply    to    any    child, 
between      the     ages     of     fourteen      and     sixteen    ^w>'icatlon   of 
years,    who     can     read     and     write     the     English 
language    intelligently,    and    is    regularly    engaged    in    any    useful 
employment    or    service.     A    certificate     of     age, 
and    ability    to    read    and    write    the    English    Ian-    Certificate, 
guage     intelligently,    shall     be     issued    by    the   superintendent     of 
schools,    notary    public,   justice   of   the   peace,    or   any   other   per- 
son duly  authorized  to  administer  oaths,   in  cities  and   boroughs, 
and    by    the    secretary    of    the    school    board    in 
rural     districts:     Provided,     That     in     case     there    Proviso, 
be  no  public  school   in   session  within   two   miles,   by   the   nearest 
traveled    road,    of   any    person    within    the   school    district,    he    or 
she    shall    not    be    liable    to    the    provisions    of 
this     act:     Provided,     That     this     act     shall     not    Proviso, 
apply  to  any  child    that    has    been    or    is    being    otherwise    in- 
structed   in    English,    in    the    common    branches    of    learning,    for 
a  like    period    of    time,    by    any    legally    qualified    governess    or 
private     teacher     in     a     family:     And     provided, 
further.    That    any    teacher    or    principal    of    any    Proviso, 
private     school     or     educational     institution     shall     report     non- 
attendance,    as    nrovided    in    section    five    (.5)    of 
this    act:      Provided,     further.      That      any      per-    Proviso, 
son   employing   a   child,   or   children,   shall   furnish,   on    or   before 
the     third     Monday     of     the     school     term,     and 
quaterly     thereafter,    to    the    superintendent     of    Sobers        ^^' 
schools,  to  the  secretary    of    the    board    of    school 
directors    or    controllers,    of    the    district    in    which  such  child  or 
children    reside,    the    name,    age,    place    of    residence,    and    name 
of  parent  or  guardian,    of    every    person  under  the  age    of    six- 
teen   years    in    his    employ    at    the    time    of    said 
report:     And     provided     also.     That     the     certifi-    Pfo^'so. 
cate  of  any   principal   or  teacher  of  a  private  school,   or  of  any 
institution     for     the     education     of     children,     in 
which       the      common       English       branches      are    pr*vate*school' 
taught,      .setting    forth     that     the    work    of    said 
school    is    in    compliance   with    the    provisions    of    this    act,    shall 
be    sufficient    and    satisfactory    evidence    thereof,    and    the    princi- 
pal or  teacher  of  said  school  or  institution  shall  have  the  power 


42  SCHOOL   LAWS   AND   DECISIONS 

to   excuse   any    child    or   children    for   nou-uttcudauce   during    tem- 
porary periods  in  accordance  with  the  provisions  of  this  act  (p). 
Neglect  of  duty  XCV.  For    every    neglect    of    duty    imposed    by 

by  principal,  the    first    section    of    this    act,    the    principal    or 

teacher,  or  '  teacher,   no  person    in    parental    relation,    offeud- 

P'i^''^"t  ing^     shall     be    guilty     of     a     misdemeanor,     and 

shall,    upon    conviction    thereof    before    a    justice    of    the    peace, 
magistrate,      or     alderman     forfeit     a      fine      not 
^'^^'  exceeding     two    dollars    on     first   conviction,     and 

a    fine    net    exceeding    five    dollars    for    each    sabseyueut    convic- 
tion ;   and  in  default  of  payment  of  said  fine,   tiie  defendant  may 
be   committed    to    the    county    prison    for    a    period    not    exceeding 
two    days    for    the    first    conviction,    and    for     a     period     not     ex- 
ceeding   five    days     for    each    subsequent    convic- 
I'roviso.  tiou:      I'rovided,     Upon     conviction,     the     defend- 

ant  or  defandants   may   appeal    to   the   court   of   iiuarter   sessions 
of    the    peace    of    the    proper    county,    within    five 
^'*^''  •  days,      upon      entering      into      recognizance      with 

one    surety    for    the    amount    of    the    fines    and    costs:    i'rovided, 
Proviso  however.     That     before     such     penalty     shall     be 

Notice  to  Dai-ent     incurred,     the     parent,     guardian,     or    other    per- 
son   liable    therefor    shall    be    notified    in    writing 
by    the   superintendent   of   schools,   or   the  secretary   of   the   school 
board,    or    ^y    tne    attendance    officer,    "•    there    .,c    ^ac,    oi    ...... 

liability,    ana    shan    have    onportunity,    by    compliance    with    the 
reouirements    of    this    act    within    three    school    days,    then     and 
thereafter   to    avoid    the    imposition    of   such    penalty,     iiut    after 
such    notice   has   been   served,   if   the   same   child   is   absent   from 
school    three    days,    or    their   equivalent    in    time,    during    the    I'e- 
maining       period       of       compulsory       attendance, 
alter'*  notice?*^^         without    excuse    as    provided     by   section   one    (1) 
of    this    act,     the     parent,     guardian,     or     person 
in    parental    relation    shall    be    liable    to    prosecution    under    this 
act,    without    further    notice.     Any    person,    firm. 
Unlawful  employ-    ^j.  corporation   who   shall   employ,   or  have  in  his 
or   their   employ,   any   child   not   in   attendance   at 
school  as  provided  in  section  one  (1)  of  this  act,  shall  be  guilty 
of    a    misdemeanoi",    and,    upon    conviction    thereof    before    a    jus- 
tice of   Lue    peace,    magistrate,    or    alderman,    shall    be    fined    in 
the    sum    of    ten   dollars    for    the    first    oii'ense, 
^^^-  and  in  the  sum    of    thirty    dollars    for  each  sub- 

Proviso,  sequent      offense:      Provided,      Upon      conviction, 

^ppg^i  the     defendant     or     defendants     may     appeal     to 

the  court  of  quarter  sessions  of  the  peace  of 
the  proper  county,  within  five  days,  upon  entering  into  recog- 
nizance with   one  surety  for  the  amount  of   the   fines  and   costs. 

(p)    Act  May  29,   1907,  sec.   1,  P.  L.  p.  316. 


OF  PENNSYLVANIA.  43 

The    fines    provided    for    by    this    act    shall,    when    collected,    be 
paid    over    by    the    officers    collecting    the    same, 
into    the    school    treasury    of    the    respective    dis-    ^'IP"^'"""  °* 
tricts,    for    the    use    of    the    said    school    district 
of   the   city,    borough,    or   township    in    which    such    principal,    or 
teacher,     or     person     in     parental     relation,     convicted,     resides: 
or   in   cases   of   conviction    for   employing   or   having    in     employ 
any   child    not   in    attendance    at    school,    as    provided    in    section 
one   (1)    of   this   act,   for   the   use   of   the   said   school    district   of 
the    city,    borough,    or    township    in    which    such    child    is    em- 
ployed ;    to   be   applied   aud   accounted   for  by   such   treasurers   in 
the    same    way    as    other    moneys    raised     for    school    purposes. 
Such  fines  shall  be  collected  by  a  process  of  law  similar  to  the 
collection  of  other  fines  (q). 

XCVl.      The    board    of    school    directors    or    school    controller 
shall    in    cities,     and    may    in    all    other    school    ...  „ 

districts,     employ     one     or     more     persons    to    be    ^Jjfg        *^® 
known     as     attendance      officers,     who    shall,     in 
addition    to    the    duties    provided     elsewhere     in     this    act,     have 
full    police    power    without    warrant,    and    whose 
duty    it    shall    be    to    look    after   and    arrest    and    power ''^^^  ^''"^*' 
apprehend    truants    and    others    who    fail    to    at- 
tend   school    in    accordance    with    the    provisions    Duty  of  of- 
of    this    act,    or    is    incorrigible    or    insubordinate    fleers, 
or   disorderly   during   attendance   upon    instruction    in     the     pub- 
lic  schools.     When    an    attendance    officer   arrests    or   apprehends 
any   truant   or   other   person,   who  fails   to   attend   schood   in   ac- 
cordance with  the  provisions  of  this  act,  or  who  is  incorrigible  or 
insubordinate    or   disorderly    during    attendance    upon    instruction 
in   the   public  schools,   as  herein   set   forth,   he   shall   have   power, 
immediately,    to    place   him    or   her    in    the    school    Disposal    of 
in    which    he    or    she    is,    or   should    be,    enrolled,    truant, 
or,  at  the  expense  of  the  parent,   guardian,   or  person   in   paren- 
tal  relation,   in   such   private   school,   as   provided   by   section   one 
(,.L)   of   this   act,   as   the   parent,   guardian,   or   person   in   parental 
relation     may     select.      And     in     case    the    parent,    guardian,    or 
person    in    parental     relation    shall     refuse    or    neglect,    immedi- 
ately, to  select  such  school,   the  school  board  or  board  of  school 
controllers    shall    have     full     power    to    designate    the    school    in 
which     such    child    shall     be    placed.     Such      attendance    officers 
shall    have   authority   to   enter   any   place   where-    ofl5cers  sbaii 
in     any    gainful     occupation     is    carried     on,     to    iiave  right  of  en- 
ascertain     whether    any    child     or    children     not    try. 
in  attendance  at  school,  as  provided    in    section    one  (1)  of    this 
act,     are    employed     therein ;     and,    in     pursuance    of    such    au- 
thority,   such    officers    shall    have   the   right   to   inspect   any  em- 
~(q)   Act   May   29,    1907,    sec7^   P.    LTp.    32?. 


44  SCilOUL    LAWS   AM)    DEClSlUiSS 

ployment  certificates,  notices,  registers,  or 
papers!'""  o^her    lists    required    by    law    to    be    kept    on    file 

or  to  be  posted  therein.  Any  owner,  superin- 
tendent,  lessee,   or  other  person   in   charge  of  any   place   wherein 

any  gainful  occupation  is  carried  on.  who  shall 
mlttance    etc  efuse    admittance    to    an    attendance    officer,    or 

opportunity  to  an  attendance  officer  for  in- 
specting freely  any  child  or  children  employed  therein,  or 
who  shall  refuse  to  permit  inspection  by  an  attendance  officer  of 
any  employment  certificate,  notice,  registers,  and  other  lists 
required    by    law    to    be    filed    or    to    be    posted    therein,    shall    be 

guilty     of     a     misdemeanor,     and.     upou     convic- 

^*°^-  tion    thereof,    shall    be    fined    in    a    sum    not    less 

than    twenty-five    dollars    nor    more    than    fifty    dollars.     Such    at- 

.  tendance     officers     shall    have     authority     to     dis- 

ompiovment       "     ™'^^     from      employment,      in      any     such      place 

wherein  any  gainful  occupation  is  carried  on, 
any  child  or  children  not  in  attendance  at  school  as  provided  in 
section  one  (1)  of  this  act  and  employed  therein,  and  dismis- 
sal  to   take   effect  at   the  end   of    working   hours   upon     the    day 

upon  which  such  dismissal  is  ordered:  Provi- 
Proviso.  ^]g^^   That   any   child   who   shall    be   aggrieved    by 

the   order  of  dismissal   of  such   attendance   officer  shall   have   the 

right  of  appeal,  forthwith,  to  the  county, 
iiuendent"  ^"^®'"'  city,  or  borough  common  school  superintend- 
ent of  the  district  wherein  such  child  was 
employed,    or   his   deputy   duly    authorized    by   him    to   hear   such 

appeals,  whose  duty  it  shall  be  forthwith  to 
Proviso.  hear    and     decide     such     appeal:     Provided,     fur- 

ther. That  such  child  who  shall  be  aggrieved  by  the  decision, 
upon   such   appeal,  of  a  county,   city,   or  borough   common   school 

superintendent,  or  his  deputy  aforesaid,  shall 
Appeal  to  court,  ^j^ve  the  right  of  appeal  to  the  court  of  quar- 
ter session.s  of  the  peace  of  the  county  wherein  such  child  was 
employed,  which  court  is  authorized  to  hear  and  decide  such 
appeal,  and  whose  decision  shall  be  final.  The  persons  ap- 
pointed bv  such  attendance  officers  shall  be 
offl^ire"^^*'""  entitled    to    such    compensation    as    shall    be    fixed 

by  the  boards  appointing  them ;  but  in  town- 
shins,  it  shall  not  exceed  two  dollars  per  day ;  and  such  com- 
pensation may  be  paid  out  of  the  school  fund.  Boards  of  di- 
rectors or  controllers  of  any  school   district,   or  of  two   or  more 

districts  jointly,  may  establish  .^special  schools 
Special  schools.  {qj.  children  who  ore  habitual  truants,  or  arc 
insubordinate  or  disorderly  during  their  attendance  upon  in- 
struction in  the  public  schools,  and  may  provide  for  tlie  propei- 
care,  maintenance,  and  itistrnrtinn  of  such  rhildrpn  in  such 
Rchool.<i.    for    such    ))oriod    of    tiiiip    as    the    board    may    prescribe, 


OF  PENNSYLVANIA.  4g 

But  before   the    pupil    shall    be    placed    in    such 
special    school    the    parent,    guardian,    or    person    Notice  to  parent, 
in    parental    relation    shall    have    opportunity    to    be    heard.     All 
truancy     and      incorrigibility     shall     be     deemed 
disorderly    conduct.       And     in     case     no     special    duct.  *'°°' 

school,     as     herein     prescribed,     has     been     estab- 
lished,   the    superintendent    of   schools    or    secretary,     or     attend- 
ance  officer   if   there   be   one,    shall    proceed    against    such    truant 
or  incorrigible   pupil   as   a   disorderly   person,    before   a   justice   of 
the    peace,    magistrate,    or    alderman,    and,    upon 
conviction,    the    pupil    may    be    sentenced    to    any    g,'.',"ence 
special    or    reformatory    school    supported    wholly, 
or  in   part,   by   the   State,   or,   at   the   option    of   the   school    boai-d 
or  board   of  controllers,   be   committed   to   the   care   of   a   society, 
duly   incorporated,   having   for   one   of   its    objects    the   protection 
of   children   from   cruelty   or   the   placing   of   children,    not   other- 
wise  provided    for,    in    families :    ana,    in    case    of   a    commitment 
of  a  child   or  children   to   the  care  of  such   society,   the  board  of 
directors   or  controllers   of   the   district   may   provide   for   the   ex- 
pense  of   the   maintenance   and   education    of   such   child    or   chil- 
dren out  of  that  part  of  the  school  fund,  within  its  control,  which 
shall  have  been  appropriated  to  said  board  by  the  local  authorities 
of  said  district  (r). 

XCVII.      It   shall    be   the    duty   of   the   assessors   of   voters    of 
every    district,    when    not    notified    and    directed 
to    the    contrary,    by    the    school    board,    at    the       Assessors   to 
spring   registration    of   voters   or   as   soon    as    pos-    ^ndren   etc 
sible  thereafter,   to   make,   in   a   .substantial    book, 
provided  by  the  Superintendent  of  Public   Instruction  at  the  ex- 
pense of  the   State,   for   that   purpose,   a  careful   and   correct   list 
of  all    children   between    the   ages   of  six   and   sixteen   within    his 
district,   giving  the  full   name,   date  of  birth,   age, 
sex.     nationality,     residence,     sub-school     district,    Contents  of  list, 
name  and  address  of  parent   or  person   in   parental   relation,   and 
the  name  and  location  of  the  school   where  the  child  is  enrolled, 
or    the    cause    of   non-enrollment,    and    the    name    and    address   of 
the  employer  of  any  child  under  sixteen  years  of  age  that  is  en- 
gaged   in    any    regular    employment    or    service:    which    enumera- 
tion, after  approval   by   the  secretary  of  the  said  school   district, 
shall    be    returned    by    the    said    assessor    to    the    Disposition   of 
county  commissioners  of  the  county  in  which  the    enumeration 
enumeration   is   made,   whose  duty   it  shall   be   to    I'^t. 
forward   the   same,   or  a   certified   copy   thereof,   to   the   secretary 
of  the  proper  school  district,  prior  to  July  fifteenth  of  each  year, 
who   shall    immediately  furnish    the   principal   or   teacher   of  each 
school  with  a  correct  list  of  all  children  in  his  or  her  district  who 

fr)    Act  May  29,   1907,  sec.   3.  P.  L.  p.  325. 


46  SCHOOL   LAWS   AND   DECISIONS 

are  subject  to  the  provisions  of  this  act ;  and  the  said  county 
commissioners  shall  furnish  a  summary  of  such  statistics  to  the 
Superintendent  of  Public  Instruction,  upon  blanks  provided  by 
the  State.  And  the  said  assessors  shall  be  paid  out  of  the  county 
Compensation  of  funds,  a  per  diem  compensation  for  their  services, 
assessors.  g^  gyjjj  equ^l   to   the  compensation   paid   under  ex- 

isting   laws    for    assessors    of    election ;    said    ser- 
Proviso.  vices  not  to  exceed  ten  days:  Provided,  That  prior 

to   February  lirst.  of  any  year,   any  board  of  di- 
rectors  or  controllers  of  any  scliouJ   district   may  authorize   such 
enumeration    to    be    made    by    the    attendance    officers    or    other 
persons,    at   the   expense   of   the   school    district,    under   the   same 
.  conditions  as   herein   provided   for  assessors;   Pro- 

Proviso,  vided,    further.    That    the    attendance    officers,    if 

there  be  any,  or  the  superintendent  of  schools,  or  the  secretary  of 
the  school  board,  shall  have  the  power  to  add  to  this  register 
the  names  of  children  within  the  prescribed  ages  whose  names 
do  not  appear  thereon  (s). 

XCVIII.  That  for  the  school  year  beginning  on  the  first  Mon- 
day of  June,  one  thousand  nine  hundred  and  seven,  and  bien- 
nially thereafter,  the  Superintendent  of  Public  Instruction  is 
hereby  authorized  and  required  to  use  the  return  of  the  num- 
rt  h  ^^^'  ^^  children  between  the  ages  of  six  and 
county  commis-  sixteen  years  of  age  in  the  several  school  dis- 
sioners  to  be  tricts   in   each   county,   now   required   to   be   made 

basis  for  distri-  by  the  county  commissioners  to  the  Superintend- 
priation"*  appro-  pQ^.  ^f  Public  Instruction,  by  an  act  approved 
the  eleventh  day  of  May,  Anno  Domini  nineteen 
hundred  and  one  (Pamphlet  Laws,  page  six  hundred  and  sixty- 
two),  as  a  basis  for  the  distribution  of  one-third  of  the  State  ap- 
propriation to  schools  (t). 

XCIX.     It  shall  be  the  duty  of  each  teacher  in  the  school  dis- 
trict   to    report    immediately    to    the    attendance 
Eeport  of  teacb-      officer,    or    the    superintendent    of   schools,    or   the 
secretary  of  the  board  of  directors  or  controllers, 
the  names  of  all  children,  on  the  list  previously  furnished  by  said 
superintendent    or   secretary,    who    have    been    absent    three    days 
or   their  equivalent,   within   any   school   term,   without   lawful   ex- 
cuse ;    when,    a    it    shall    appear    that    any    parent,    guardian,    or 
other  person   having  control   of  any  child   or  children   shall   have 
failed   to   comply   with    the   provisions   of   this   act,    after   notifica- 
tion   in   writing   as   provided   in   section   two,    the 
Notice.  superintendent  or  secretary,   or  attendance  officer 

if  there  be  one,  in  the  name  of  the  school  district,  shall  proceed 

(s)    Act  .Tuly  11,   1901.  sec.  4,  P.  L.  p.   661. 
(t1    Art    Mb7   8,    1907,   sec.   1,   P.   li.   p.    183, 


OF  PENNSYLVANIA.  47 

against  the  offending  parent  or  parents,   guardian 
or  guardians,    or  other  pei-son   or  persons   having   a?a*insf*oft^end 
control   of   any    child    or   children,    in   accordance 
with  the  provisions  of  this  act:   Provided,   further.   That  if  suffi- 
cient    cause     be   shown    for   the    neglect,    by   such 
offending  parent  or  parents,  guardian  or  guardians,    I'loviso. 
or  other  person  or  persons  having  control  of  any  child  or  children 
of  the  requirements  of  this  act,  or  if  the  costs  of  prosecution  can- 
not be  collected  from  such  parent  or  parents,   guardian  or  guar- 
dians, or  other  person  or  persons  having  control  of  any   child  or 
children,    being   party    or   parties    defendant,    said    Payment    of 
costs    may    be    paid    out    of    the    district    funds,    cosls. 
upon   a   proper   voucher   approved    by   the   board    of   directors   or 
controllers,     in  all  cases  of  the  violation,  by  any 
person,    firm,    or    corporation,    or    of    any    owner,    Violation  bj-  ein- 
superintendent,   lessee,  or  other  person,  in  charge        ^'^'''' 
of  any  place  wherein  any  gainful  occupation  is  carried  on,  of  any 
of  the  provisions  of  this  act,  the  superintendent  of  schools,  or  the 
secretary  of  the   board  of  directors   or  controllers,   or  attendance 
officer  if  there  be  one,  of  the  school  district  within  which  the  of- 
fense   is    alleged    to    have    been    committed,    in    the    name    of    the 
school  district,  shall   proceed  against   the  offending  parties  in  ac- 
cordance   with    the    provisions    of   this    act:      Pro- 
vided,   That    if    the    costs    of    prosecution    cannot    i'''o"so. 
be  collected  from  such  offending  parties  defendant,  said  costs  may- 
be paid  out  of  the  district  funds,  upon  a  proper  voucher  approved 
by  the  board  of  directors  or  controllers  (u). 

C.     The  superintendent  of  schools   or  secretary,   or  attendance 
officer  if  there  be  one,  of  any  board  of  directors 
or    controllers    who    wilfully    refuses    or    neglects    Refusal  or  neg- 
to   comply   with    the   provisions    of   this   act    shall    ^ffKJ'^  officers, 
be  guilty  of  a  misdemeanor,  and  upon  conviction     '  »*'aemeanor. 
thereof,    before   an    alderman,    magistrate    or   jus- 
tice  of  the   peace,    shall   forfeit   a   fine   not   exceeding   twenty-five 
dollars  (v). 

CI.     The  State  Superintendent  of  Public  Instruction  may  with- 
hold   one-fourth    State    appropriation    from    any 
school    district    which    neglects    or   refuses    to    en-    Portion  of  appro- 
force  the  provisions  of  this  act  in  a  manner  and    withheld  ™^^ 
degree    satisfactory    to    the    State  Superintendent 
of  Public  Instruction  (w). 

CII.  The  act  of  May  sixteenth,  one  thousand  eight  hundred 
and  ninety-five,  entitled  "An  act  to  provide  for  the  attendance 
of  children  in  the  schools  of  this  Commonwealth,  and  making 
an  enumeration  of  children  for  that  purpose  ;  also,  providing  com- 

(u)  Act  May  29,  1907,  sec.  5,  P.  L.  p.  327. 
(v)  Act  July  11,  1901,  sec.  6.  P.  L.  p.  662. 
(w)    Act  July   11,    1901,   sec.   7,    P.   L.   p.    662. 


48  SCTIOOI;    r.AWS   AND   DECISIONS 

pensation  for  the  usessors  making  the  enumeration,  and  providing 
lienalties   for   violations   of  this   act ;"   and   the   act   of  the   twelfth 

of  July,  Anno  Domioi  one  thousand  eight  hun- 
Acts  of  Maj  16,  dred  and  ninety-seven,  entitled  "An  act  to  amend 
12^^189"*^  "^t'd"'^  sections  one,  two,  three,  four  and  five  of  an  act, 
ror   repeal*^'  ^         entitled  'An  act  to  provide  for  the  attendance  of 

children  in  the  schools  of  this  Commonwealth,  and 
making  an  enumeration  of  children  for  that  purpose ;  also,  pro- 
viding compensation  for  the  assessors  making  the  enumeration. 
and  providing  penalties  for  the  violation  of  this  act.'  approved 
the  sixteenth  day  of  May,  Anno  Domini  one  thousand  eight  hundred 
and  ninety-five,  increasing  the  age  within  which  children  shall  be 
subject  to  its  provisions  to  sixteen  years,  and  making  certain  ex- 
emptions, subjecting  principals  and  teachers  to  certain  penalties, 
conferring  upon  the  directors  or  controllers  power  to  designate 
schools  for  those  who  fail  to  attend  schools,  to  establish  special 
schools  for  truants  and  other  offenders,  and  providing  for  the 
restraint  of  truants  and  other  offenders,  for  registration  by  the 
attendance  oflScers  and  report  of  absentees  from  school,"  and 
any  other  act  or  parts  of  acts,  inconsistent  here- 
with be  and  are  hereby  repealed  (x).  Repeal. 

NOTE. — The  law  makes  it  the  duty  of  the  county  commis- 
sioners to  provide  a  room  for  the  confinement  of  children  under 
the  age  of  sixteen  years,  who  are  in  custody  and  awaiting  a 
hearing  in  the  courts  of  the  county.     See  Act  of  April  3,  1903. 

65.  School  boards  must  decide  such  incidental  questions  as 
may  arise  in  their  respective  districts  concerning  the  validity 
of  excuses  offered  by  parents  or  guardians  for  the  non-attend- 
ance of  children.  School  boards  have  a  reasonable  discretion 
in  all  these  matters.  Children  cannot  be  compelled  to  attend 
school  a  distance  of  over  two  miles.  It  is  the  duty  of  school 
boards  to  make  proper  provision  for  the  admissioii  and  instruction 
of  childen  of  legal  age  within  a  reasonable  distance  from  their 
homes. 

NOTE. — All  applications  for  the  commitment  of  children  under 
the  age  of  sixteen  years  shall  be  made  to  the  court  of  quarter 
sessions  of  the  county.    Act  of  May  26,  1903. 

66.  The  number  of  schools  to  be  established  in  any  district  is 
not  fixed  by  law.  There  must  be  "a  sufficient  number  for  the 
education  of  every  individual,  between  six  and  twenty-one  years, 
who  may  apply  for  admission  and  instruction." 

67.  This  number  is  to  be  ascertained,  not  by  any  arbitrary 
rule  of  the  board,  but  deduced  from  the  experience  of  teachers 
and  schools.  It  is  found  that  one  teacher  cannot  do  justice  to 
more  than  fifty  pupils  in  daily  attendance,  in  a  mixed  school — 
if  he  can  to  so  many ;  and,  therefore,  a  daily  attendance  of  ma- 

(X)    Act  Jnly  11,  1901,  sec.  8,  P.  L.  p.  663. 


OF  PENNSYLVANIA.  49 

terially  over  this  number  in  any  of  the  schools  of  a  district  is 
a  violation  of  the  spirit  of  the  law.  and  the  number  of  schools 
should  be  increased,  or  what  is  much  better,  when  practicable, 
those  already  in  existence  should  be  graded. 

68.  Neglect  to  provide  a  "sufficient  number"  of  schools,  is 
punishable  by  removal  from  office  of  the  directors  so  neglecting 
their  duty,  and  the  appointment  of  others  in  their  stead. 

69.  Residence  in  the  district  and  lawful  age  are  the  only 
requisites  to  entitle  a  person  to  admission  to  a  common  school 
in  Pennsylvania. 

70.  Neither  payment  of  tax  nor  application  by  parent  or  guar- 
dian are  requisite  to  admission.  The  one  is  indispensable  for 
the  support  of  the  schools,  and  the  other  is  the  usual  mode  of 
obtaining  admission  to  them ;  but  every  youth  resident  in  the 
district,  needing  instiiiction,  and  between  six  and  twenty-one 
years  of  age,  must  be  admitted  on  his  or  her  own  application. 

71.  The  residence  of  a  child  is  generally  that  of  the  parent, 
master  or  employer,  with  whom  he  resides  at  the  time  of  the 
application. 

72.  But  the  residence  of  the  parent  is  not  necessarily  that  of 
the  child,  in  reference  to  the  school.  If  a  child  reside  in  another 
district,  with  a  grandparent  or  other  relative,  as  a  member  of 
the  family ;  or  is  working  for  his  board  and  clothes,  or  for 
money,  with  privilege  to  attend  school  part  of  the  time ;  or  is 
in  any  other  way  separated  from  his  parents  with  the  consent 
of  the  latter,  by  a  permanent  arrangement  made  in  good  faith 
and  for  his  own  benefit — he  thereby  acquires  a  new  school  resi- 
dence, and  a  right  of  admission  to  the  schools  of  the  district 
within  which  he  thus  resides. 

73.  Directors  must  determine  for  themselves,  in  all  cases 
whether  the  residence  claimed  by  the  applicants  is  such  as  to 
entitle  them  to  admission  to  the  public  schools  of  the  district 
over  which  the  board  has  official  jurisdiction.  Boards  may 
exercise  a  reasonable  and  liberal  discretion  in  such  matters. 
They  have  authority  to  determine,  according  to  the  facts  and 
circumstances  governing  individual  cases,  when  and  where,  in 
their  judgment,  pupils  have  acquired  a  bona  fide  school  resi- 
dence. 

cm.     That  any  child   or  children   of  any   person   who   was   a 
soldier    in    the    service    of    the    United    States    in 
the    late    war    of    the    rebellion,    being,    or    who    Children  of  sol- 
shall    be,    temporarly    or    otherwise,    within    any    '^^^l^  entitled  to 
school   district  of  the  Commonwealth   shall,   upon    a^ltrlct  schools 
application   be  entitled   to  admission   and   instruc- 
tion the  same  as  resident  children   in  the  proper  common  school 
of    such    district,    and    notwithstanding    such    child    or    children 
may    have    or    shall    come    into    such    district,    daily    or    weekly. 


50  SCHOOL   LAWS  AND  DECISIONS 

for  the  purpose  of  attendance  at  such   school,   and   the   residence 
of   the  parents,   guardian  or  other  person   or  persons  entitled  by 

law  to  the  custody  of  such  child  or  children  be 
co8*7*of  Instruc-  ^^  another  district:  Provided,  That  such  pupils 
tion.  '      shall   be   charged   for  by   the   month   at   the  same 

rate  as  it  costs  the  district  receiving  them,  per 
pupil,  to  keep  its  school  in  operation,  and  that  the  bill  for  such 
tuition  shall  be  sworn  to  by  the  president  and  secretary  of  said 
school  board,  and  the  charges  for  such  tuition  shall  be  paid  by 
the  district  or  districts  in  which  the  chaldron  have  permanent 
residence  (y). 

CIV.      That    the    board    of    education    or    the    board    of    school 

trustees  in  the  several  cities,  towns,  town- 
flaes^'mav^be  ships,     boroughs,     villages     and     school     districts 

purchased  for  "^^    this    State    may    purchase    a    United    States 

public  school  flag,  flag-staff  and  the  necessary  appliances  there- 

buiuiings.  tor,  and  shall  display  said  flag  upon,  near  or  in 

the  public  school  building  during  school  hours, 
Flags  shall  be  and  at  such  times  as  the  said  board  may  deem 
(lisp  ayeti.  proper ;    and   that   the   necessary   funds   to   defray 

How   funds  shall    ^^^  expenses  to  be  incurred  herein  shall  be  assesesd 
be  raised.  a^id  collected   in  the  same  manner  as  moneys   for 

)ublic  school  purposes  are  now  raised  by  law  (z). 
CV.     That   the   board   of  controllers   of  school   districts,   which 

are  composed  of  cities  or  boroughs,  divided  into 
ei^  conferred"^!!  ^^I'^s  for  school  purposes,  or  boroughs  not  di- 
board.  vided   into   wards   for   school    purposes,    having   a 

population  of  five  thousand  or  over,  shall,  in  addi- 
tion to  the  powers  and  duties  conferred  or  enjoined  by  the  act 
of  the  eighth  day  of  May,  one  thousand  eight  hundred  and  fifty- 
four,  and  the  supplement  thereto,  possess  the  following  powers 
and  perform  the  following  duties: 

Establish  high  Clause  1.     They  may  establish  a  public  high 

school.  school. 

Clause  2.     They  shall  admit  to  said  public  high  school  all  chil- 
dren   under    the    age    of    tweut.y-oue    years    resld- 
admitted^^o^'^sald     '°^    within     said     school    district    who    shall     be 
high   school.  found  qualified  for  admission  thereto,  after  having 

undergone  such  an  examination  as  shall  be  pre- 
scribed by  the  said  board  of  controllers:  Provided,  Said  board 
of  controllers  or  directors  shall  have  the  power  to  prescribe  the 
terms  upon  which  other  children  than  those  residing  in  said 
district  shall  be  allowed  to  attend  said  public  high  school. 

(y)   Act  July   2,    1S95.   sec.    \,   P.   L.   p.   434. 
(z)    Act  July  9,   1897,   sec.    1,   P.   L.   p.   233. 


OF  PENNSYLVANIA.  51 

Clause  3.     They  shall  exercise  a  general  supervision   over  said 
public  high  school,  appoint  all  the  teachers  there-   „.   „  , 

[or.  fix  the  amount  of  their  salaries,  and  shall  genei af'super^ 
have  power  to  dismiss  any  teacher,  at  any  time,  vision  oyer  high 
for  incompetency,  cruelty,  negligence,  immorality,  school, 
or  other  cause ;  they  may  suspend  or  expel  from  said  school  all  pu- 
pils found  guilty,  on  full  examination  and  hearing,  of  refractory  or 
incorrigibly  bad  conduct ;  and  shall  have  power  to  make  all  proper 
regulations  and  rules  for  the  government  and  discipline  of  said 
school. 

<Jlause   4.      Said    board    of   controllers    or    directors    shall    visit 
said  public  high   school,   by  at  least  one  of  their 
number,    at    least    once    in    each    week,    and    cause    Visitation, 
the   results   of   such   visit   to   be   entered   on    the   minutes   of  said 
board   of  controllers. 

Clause  o.     They  shall  direct  what  branches  of    Branches    to   be 
learning;    shall    be    taught    and    what    books    shall    taught  and 
be  used  in  said  ^public  high  school.  books  used. 

Clause  6.     The  said  board  of  controllers  or  directors  shall  not 
employ    any    person    as    teacher    in    said    public 
high    school     unless    such     person     shall     produce    Qualification  of 
such    a    certificate    as    would    entitle    him    or    her    ^^'^chers. 
to    teach    in    the    ward    schools,    which    certificate    shall    set   forth 
the    branche.s    of    learning    which    the   holder    thereof    is    qualified 
to   teach  ;   and,   provided,   no   teacher  shall   be   employed   in   teach- 
ing any   branch   of   learning   other   than    those   enumerated    in    his 
or  her  certificate. 

Clause  7.     The  said  board  of  controllers  or  directors  shall  main- 
tain   and    operate    said    public    high    school    not 
oxc.eding    ten    months    in    each    year,    and    shall    of'^fera'"    '^°^*'' 
pay  all  the  !.ecessary  expenses   thereof,  by  drafts 
on   the   treasurer  of  said  board,   signed   by   the   president   and   at- 
tested by  the  secretary  thereof. 

Clause   S.      They   Rhall   have    power    to    purchase,    procure   and 
hold    such    real    and    personal    property    as    may 
be    necessary    fcr    the    establishment    and    support    Po'^^er  to  hold  or 
of  said  public  high  school,    and   the  same  to  sell,    tat^.®^  ^^' 

alien    nnd    dispose    of    when    no    longer    necessarv    „  , 
for    the    purposes    aforesaid:    Provided,    said    real    estate, 
estate    shnll    not    exceed    one    hundred    thousand 
dollars. 

Clause  0.    They  shall   cause  suitable  lots  of  ground   to  be  pro- 
cured  and    suitable   buildings   Id   lie   erected    there- 
on,   for    the    accommodation    of    said    public    high    biuidi'n^ ""'' 
school,    and    shall    keep    the    same    in    repair,    and  " 

shall  cause  to  be  rented  a  suitable  building,  for  the  temporary 
accommodation  of  said  public  high  school,  until  a  suitable  perma- 
nent building  can  be  obtained. 


52  SCHOUJ.    LAWS   AND    DECISIONS 

('lause    10.      Whenever   said    board    of    controllers    or    directors 
shall    be    unable    to    procure    an    eligible    site    for 
H  roceed      ^^^  erection  of  said  public  high  school  by  agree- 

whon  suUable  ment  of  the  owner  or  owners  of  the  land,  it  shall 
Mites  cannot  be  and  may  be  lawful  for  said  board  of  controllers 
secured  or  directors   to   enter   upon   and   occupy   sufficient 

ground    for    such    purpose ;    but    before   doing    so. 
said   board   of  controllers  or  directors  shall  tender  to  such  owner 
or  owners   the   bond   of  said   school   district,   con- 
bef*ore%°nTry  """"^    ditioned    for    the    payment    of    the    damages    suf- 
fered by  said  owner  or  owners  by  reason  of  such 
entry  and  occupancy,  when  finally  ascertained  (a). 

CVI.  They  shall  direct  what  branches  of  loam- 
Branches  taught  iQg  siiaii  be  taught  and  what  instruction,  if  any, 
ito  be  used  shall    be   given    in    the   industrial   arts,   and   what 

books  shall   be  used  in  said  public  high  school  (b). 
CVII.     That  the  directors  or  controllers  of  any  school  district 
High  schools  may    may  establish  a  public  high  schoel,  and  the  State 
be  established.        Superintendent    of   Public    Instruction    shall    pre- 
Course  of  In-  scribe  a  uniform  course  of  instruction  which  shall 

struction.  be  taught  in  the  high  schools  of  each  grade  (c). 

CV^III.     The  directors  of  two  or  more  townships  or  school  dis- 
tricts   shall    have    power    to    establish    joint    high 
pirectors  may  es-    achools,    and    the    expense    shall    be    paid    as    may 
schools.  be    agreed    upon    by    the    directors    or   controllers 

of  said  districts,  who  shall  meet  jointly  as  often 
as  may  be  necessary  for  the  transaction  of  business  pertaining  to 
the  joint  high  schools  under  their  jurisdiction,  and  all  proceedings 
in  relation  thereto  shall  be  spread  at  large  upon  the  minutes 
of  the  respective  boards  (d). 

CIX.  That  the  directors  of  any  two  or  more  adjacent  town- 
ships or  school  districts,  who  desire  to  establish  a  joint  high 
school  under  the  provisions  of  the  act  to  which  this  is  a  supple- 
ment, shall  have  power  to  purchase  real  estate 
Piirchase  of  real  f^J.^.  g^  suitable  school  site  at  any  place  that  may 
school  ""^  *  be    agreed    upon,   in   either   of   said    townships   or 

districts,  and  take  title  thereto  in  the  corporate 
name   of   said    townships   or  districts,   and   to   erect   the   necessary 


(a)  Act  May  26,  1893,  sec.  1,  P.  L.  p.  146. 

(b)  Act  May  8,  1889,  sec.  1,  P.  L.  p.  124. 

(c)  Act  .Tune  28,  1895.  sec.  1.  P.  L.  p.  413. 

(d)  Act  June  28,  1895,  sec.  2,  P.  L.  p.  413. 


OF  PENNSYLVANIA.  53 

buildings    and    provide    the    necessary    equipment 
for  said  high  schools ;   and   the  directors   of  each    Krection  of  build- 
of   said    townships   or   districts   shall    have   power     °^' 
to    issue    bonds,    in    the    manner    prescribed    and    iggug  ^t  bonds 
subject    to    the    limitations    imposed    by    law,    for 
the   purpose   of   raising   the   necessary   funds   to   carry   into   effect 
the   foregoing   powers ;    but   no   indebtedness   shall   be  created   un- 
der authority  of  this  act  except  by  the  vote  of  a  majority  of  all 
the  directors  of  each   of  said   townships   or  school   districts ;   and 
any  indebtedness  so   created   shall   be   apportioned 
among    the    respective    townships    or  districts,    by   Apportionment  of 
which    said    high    school    is    established,    accord-    i^aebtedness. 
ing  to  the  last  adjusted   valuation   of  the  subjects  and   things  in 
said    townships    or   districts    taxable    for   school    purposes,    which 
valuation   shall    be    taken    fi'om    the    records   of   the   county    com- 
misisoners  at  the  date  said  bond  issue  is  authorized. 

Clause    2.      The    directors    of    each    of    the    townships    or    dis- 
tricts   establishing    said    joint    high    school    shall,    at    their    first 
meeting    after    the    same    has    been    placed    in    operation,    and 
annually    thereafter,    select    one    of    their    number    to    represent 
said    township    or    district    in    the    transaction    of    business    per- 
taining  to   said   high   school ;    and   the   members   so   selected   shall 
constitute   a   separate   board,   which   shall   be   known   as   the   high 
school    board    of    said    districts,    and    shall    have 
all   the  powers  and  duties,   and   be  subject   to  all    High  school 
the_  liabilities   with    respect   to   the   control,    regu-    "''''^"• 
lation,    and    maintenance    of    said    high    school,    powers  and 
that   are   conferred   or   imoosed   by   law   upon   the    duties, 
school    directors    of    either    of    the    townships    or 
districts    by    which    said    high    school    is    established:    Provided, 
That  said  high  school  board  shall  have  no  power 
to   create   indebtedness    by    the   issue   of   bonds,    or    Proviso, 
otherwise ;   but,  in  the  disbursement  of  fund.s,  shall  be  limited   to 
the  moneys  provided  by  the  school  boards  of  the  respective  town- 
ships or  districts  which  it  represents  (e). 

OX.      A   high   school    maintaining   four   years   of   study    beyond 
the  branches  of  learning  prescribed   to  be   taught    „  ,     i .    .i,  n   h 
in    the    common    schools    and    called    the    common    .uvided  into 
branches  shall   he   known   as  a   high  school   of   the    grades,   according 
first     grade ;     a     high     school     maintaining     three    t"  course  of 
years     of    study     beyond     the     common     branches    ^^"'Jy- 
shall   be   known    as   a   high    school    of   the   second    grade ;    a   high 
school    maintaining    two    yeai-s    of    study    beyond     the    common 
branches  shall  be  known  as  a  high   school  of  the 
third  grade:  Provided,  That  the  reviews  necessarv    Proviso. 


(e)   Act  May  28,   1907,   sees.   1  and  2,   P.   L.   p.   319. 


54  SCHOOL  i.AWS  AND  DECISIONS 

for  the  prosecution  of  high  school  studies  shall  not  be  excluded 
from  the  estimate  of  the  year's  study  beyond  the  common 
branches  (f). 

CXI.     From  the  annual  appropriations  in  aid  of  high  schools, 

a  high  school  of  the  first  grade  shall  each  year 
Annual  appro-  receive    a    sum    not    exceeding    eight    hundred    dol- 

priations  in  aid  j^rs,  a  high  school  of  the  second  grade  a  sum 
how  mvided     '        '^ot   exceeding   six   hundred   dollars,   a   high   school 

of  the  third  grade  a  sum  not  exceeding  four  hun- 
dred dollars.  If  the  appropriation  is  insufficient  to  pay  the  above 
amount  to  the  several  high  schools,  then  the  appropriation  shall 
be  distributed  to  the  schools  of  the  respective  grades  in  such 
a  manner  that  each  school  shall  receive  a  sum  proportional  to 
the  number  of  years  of  advanced  study  maintained  in  its  course 

of  instruction:  Provided,  That  any  high  school 
Proviso.  established  at  the  fall  opening  of  the  school  year, 

beginning  on  the  first  Monday  of  June,  one  thousand  eight  hundred 
and  ninety-five,  shall  be  paid  at  the  end  of  the  year  as  a  high 
school  of  the  third  grade  (g). 

CXI  I.     The  directors  or  controllers   of  every  district  receiving 

aid  in  accordance  with  section  four  of  this  act, 
pioymem:'   o?  shall    employ    for   said    high    school    at    least    one 

teacher  legally  certified  to  teach  book-keeping, 
civics,  general  history,  algebra,  geometry,  trigonometry,  including 
plane  surveying,  rhetoric,  EngTish  literature,  Latin,  including 
Caesar,  Virgil  and  Cicero,  and  the  elements  of  physics,  chemistry, 
including  the  chemistry  of  soils,  botany,  geology  and  zoology, 
including  entomology,  and  no  teacher  shall  be  employed  to  teach 
any  branch  or  branches  of  learning  other  than  those  enumerated 
in  his  or  her  certificate  (h). 

CXIII.     The  directors  or  coutrollers  of  every  district  establish- 
ing   a    high    school    and    receiving    State    aid    in 
Sworn    state-  support  of  said  high  school,  shall,  before  the  first 

ments  to  Super-  (j^y  of  September  following  the  close  of  each 
He  Inltruetion"       school  year,  make  to  the  Superintendent  of  Public 

instruction  sworn  statements  giving  full  infor- 
mation concerning  the  teachers,  classes  and  courses  of  study  of 
every  high  school  under  their  jurisdiction  (i). 

CXIV.      High   schools   established    in   accordance   with   this   act 


(f)  Act  June  28,  1895,  sec.  3,  P.  L.  p.  413. 

(g)  Act  June  28,  1895,  sec.  -I,  P.  L.  p.  414. 
(h)  Act  June  28,  1895,  sec.  5.  P.  L.  p.  414. 
(i)  Act  June  28,  1895,  sec.  (3,  P.  L.  p.  414. 


OF  PENXSYLVx\.\IA.  55 

of    Assembly    shall    be    under    the    supervision    of    supervision  of 
the  superintendent  of  the  city,  borough  or  county    bigu  schools, 
in  which  thej-  are  situated  {}). 

C^vV.     That  pupils,   residing  in  school   districts    High  schools. 
in    which    no    public    hi.sh    school    is    maintained, 
may  attend  during  the   entire   term  a  hish   school 
in   the   township   or   borou.gh   school-district    main-    \*^^-*|^"p^"f^.,,°^ 
taining  such   high  school,  located   nearest  or  most    ad'jacent   disTriot. 
convenient    to   their   homes :    provided    the    consent 
of    the.  directors    of    the    district    in    which    said    high    school    is 
located    be    first    obtained.      The    cost    of    tuition 
and    school    books,    which    shall    not    exceed    that    and*booiil"'"°" 
of  the  tuition  and  school-books  of  all  pupils,  both 
resident    and    non-resident,    pui'suing    studies    in    the    same    grades 
or   courses   in    the   district   maintaining   such   high   school   shall   be 
paid    to    the    district    receiving    such    pupils,     out 
of  the  moneys  raised  by  taxation  for  public  school    ^"''^  *°  ^^  paid, 
purposes  in   the  district   in   which   said  pupils   reside.     It  shall   be 
the  duty  of  the  district  in  which   said   children   reside  to   pay  the 
cost  of  tuition  and  school-books  ;  and,  upon  their  failure  to  do  so. 
the  same  njay  be  paid  by  the  parent  of  such  children,  and  by  him 
collected  as  debts  of  like  amount  are  now  collectible  by  law.    The 
directors    or    controllers    in    any    district,    where- 
in   is    located    any    public    high    school    receiving    Estimate  of  cost. 
State  aid  froiu  any  appropriation  made  specifically  for  the  main- 
tenance   and    support    of    such    high    schools,    shall    deduct    their 
share   of   such    appropriation    from    the    total    cost   of   tuition    and 
text-books,    of   such    school,    before    reckoning   the   cost    per   pupil 
in    making    bills    for    tuition    to    outside    districts    for    their    non- 
resident   pupils:      I'rovided.    That    before    admis- 
sion   to    a    high    school,    such    pupil    shall    be    ex-    r'i""viso. 
amined.  and  found  (|ualified  for  high  school  work.    Examination, 
by    the    principal    of    such    high    school,    together 
with,  or  under  the  direction  of.  the  county  superintendent  (k). 

CXVI.  The  courses  of  study  in  high  schools  re-    Approval  of 
ceiving  State  aid  shall  be  subject  to  the  approval    courses  of  study. 
of  the  Superintendent  of  Public  Instruction  (1). 

CXVI  I.  That  the  board  of  school  directors  of  any  school  dis- 
trict within  this  Commonwealth,  having  a  population  of  more 
than   twenty   thousand   inhabitants,   and    having  within    the   limits 


(j)   Act   June  28,   1895,  sec.   7.  P.  L.   p.  414. 
(k)    Act  May  23,   1907,   sec.    1.   P.   L.   p.   202. 
(1)    Act  June  28,   J895,   gep.   8,   P.   L.  p.  414, 
5 


5d  SCHOOL   LAWS   AxN'D   Dl'^CISIONS 

of  the  city  or  township  in  which  said  school  district  shall  be. 
ei.nht  or  more  deaf  mute  children  of  proper 
dnfn    """  ^^^    for    attending-    school,    are    hereby    authorized 

to  open  and  maintain  a  special  school  for  the 
education  and  training-  of  such  deaf  mutes,  either  in  sign  lan- 
guage or  in  articulation,  as  such  board  of  directors  shall  deem 
best  for  such  children  (m). 

CXVIIL  Any  such  school  so  organized  by  any  such  board  of 
school  directors  shall  be  a  part  of  the  common  school  system 
of  such  school  district,  and  shall  be  under  the  control  of  such 
board  of  school  directoi's  in  the  same  manner  as  the  other 
schools  in  said  district:  Provided,  That  deaf  mute  children  may 
be  sent  from  any  school  district  in  the  county  in  -which  such 
school  shall  be  established,  upon  payment,  by  such  district  to 
the  treasurer  of  the  school  board  by  which  such  school  shall 
be  maintained,  its  proportionate  share  of  the  expense  of  main- 
taining said  school:  And  provided  further,  That  the  expense  of 
educating  said  deaf  mute  children,  in  such  schools,  shall  not  ex- 
ceed the  sum  of  one  hundred  and  fifty  dollars  for  each  child 
during  any  one  j'ear  (u). 

CXIX.  That  the  school  boards  of  this  Commonwealth  are 
hereby  authorized  and  recommended  *to  provide 
cUiufren  '  suitable   books   and   apparatus   for   the   instruction 

of  indigent  blind  children,  between  the  ages  of 
nine  and  thirteen  years,  and  pay  for  the  same  out  of  the  school 
fund,  as  in  the  case  of  seeing  children,  the  cost  thereof  not  to 
exceed  twelve  dollars  for  each  person  in  any  one  year  (o). 

CXX.  They  shall  cause  suitable  lots  of  ground  to  be  pro- 
cui'ed  and  suitable  buildings  to  be  erected,  pur- 
To  purchase  or  chased  or  rented,  for  school  houses,  and  shall 
erect  school  suPP'y    the    same    with    proper    conveniences    and 

houses.  fuel,    and    shall    have    power,    with    the    directors 

and  controllers  of  adjoining  districts,  to  estab- 
lish joint  schools,  and  the  expense  shall  be  paid  as  may  be  agreed 
unon  by  the  directors  and  controllers  of  said  districts  (p). 

CXXI.  That  in  order  that  due  care  may  be  exercised  in  the 
,,  ,     ,  .    .,,.  heating,  lighting,  and  ventilating  of  public  school 

^chool  buildings,  buildings  hereafter  erected,  no  school  house  shall 
be  erecteu  by  any  board  of  education  or  school  district  in  this 
State,  the  cost  of  which  shall  exceed  four  thousand  (.$4,000.00) 
dollars,  until  the  plans  and  specifications  for  the  same  shall  show  in 


(m)   Act  May  8,   1876,  sec.  1,  P.  L.  p.   157. 
(n)    Act  May  8,   1876,  sec.  2,  P.  L.  p.  157. 
(oi    Act  May  8,   1876,   sec.   1,   P.   L.   p.    138. 
(p)    Act  May  S,   1854.  sec.   23,  P.  L.  p.  622. 


OF   PKNNSVi.VAMA.  57 

detail   the   |j roper  heating,   lighting  and   ventilating  of  sudi   build- 
ing. 

Lisht    shall    be    admitted    from    the    left    or   from    the    left    nnd 
rear  of  class-rooms,  and  the  total  light  area  must, 
unless  strengthened  by  the  use  of  reflecting  lenses,    Lighting 
equal  at  least  twenty-live  per  centum  of  floor  space 

School-houses    shall    have    in    each    class-room    at    least    fiftopti 
square    feet    of    floor    space,    and    not    less    than 
two   hundred   cubic   feet   of    air   space   per   pupil,    Class-rooms, 
and    shall    provide    for    an    approved    system    of    ^^^  space 
indirect    heating    and     ventilation,     by     means    of 
which  each  class-room  shall  be  supplied  with  fresh  air  at  the  rate 
of  not  less  than  thirty  cubic  feet  per  minute  for  each   pupil,  and 
warmed    to    maintain    an    average    temperature   of 
seventy    degrees    Fahrenheit    during    the    coldest    Heatiug. 
weather  (q). 

OXXII.     That   from   and   after   the   passage   of 
this   act,   it  shall   be   lawful   for  school   boards   to    ^^^  "^  ^t^T°ri 
grant    the    use    of    school    houses    for    lyceum    and    ary^^purposes."  ^^ 
other    literary    purposes,    non-sectarian,    in    their 
respective -school  districts  (r). 

CXXIII.  That  it  shall  be  lawful  for  the  board  of  school  di- 
rectors   of    school    districts    of    different    counties 

or   townsnips,    adjoining   each    other,    to   establish    tm'?,?°LJ"f«^T,/'^" 
..,,,'  •*  j.i_  ^  i  1  •       titlon   for  joint 

jomt  schools,   on  or  near  the  county  or  township   schools. 
line,   for  parts   of  said   district,    upon   petition   of 
not   less   than   twenty   taxables   of  said   adjoining  districts,   when- 
ever, by  reason  of  natural  difliculties  and  distance  from  the  schools 
of  the  said  district,  it  becomes  desirable  and  proper  to  so  establish 
the  same  (s). 

CXXIV.     The   said   board   of  directors,   for  the   purpose  afore- 
said,   shall    meet    jointly,    and    are    hereby    em- 
powered    to    exercise    the    same    authority    as    in    jn'^uch  cases'* 
case    of    establishment    of    joint    schools    for    dis- 
tricts of  the  same  county ;   all   proceedings  in   relation   thereto   to 
be  spread  at  large  upon  the  minutes  of  the  respective  boards  (t). 

74.  The  number,  location,  size  and  arrangement  of  school 
houses,  and  the  necessity  of  establishing  and  discontinuing  them, 
have  been  decided  by  the  courts  of  several  counties  to  be  ques- 
tions for  the  discretion  of  the  proper  board  of  directors,  without 
control  by  judicial  authority,  so  long  as  a  reasonable  provision 
is  made  for  the  wants  of  the  district,  in  these  respects.     A  board 

(q)   Act  April  22,   1905,  sec.   1-3,   P.   L.   p.   282. 
(r)   Act  April  11,   1901,  sec.   1.   P.  L.  p.   78. 
(8)  Act  May  10,  1881.  sec.  1,  P.  L.  p.  116. 
(t)    Act  June   10.    1881,   sec.    2.    P.    L.   p.    116. 


58  ^^('H<>(»1,    LAWS    WD    DKCISIONS 

which  ueglects  to  provide  a  sufficient  luimber  of  i-omfortable  school 
houses  at  proper  points,  within  a  I'easonable  distance  of  all  the 
pupils,  presided  over  by  as  sood  teacliers  as  can  be  readily  procured, 
and  supplied  with  suitable  furnituie  and  apparatus,  neglects  a 
plain  duty  and  betrays  a  sacred  trust. 

75.  Half  an  acre  of  ground  should  be  secured  for  every  rural 
school  house ;  and  if  a  whole  acre  can  be  obtained,  it  will  be 
so  much  the  better. 

76.  In  towns,  the  school  lots  should  be  large  enough  to  afford 
playground,  and  secure  good  light  and  air. 

77.  The  location  should  be  central  to  the  population  to  be 
accommodated,  healthful,  and  on  good  traveled  roads.  Low  and 
damp  or  bleak  and  exposed  positions  should  not  be  accepted,  e\en 
as  gifts. 

78.  The  title  to  the  ground  selected  for  a  school  house  should 
be  carefully  examined,  and  be  made  perfect  before  the  building 
is  commenced. 

79.  When  school  lots  are  leased,  the  right  to  remove  the 
school  house  should  always  be  reserved  in  the  lease.  Rut  no 
school  house  should  be  built  on  rented  gruurui,  when  a  suital/!i'  site 
can  be  purchased. 

80.  Trust  property  for  school  purposes,  conveyed  to  directors, 
can  be  held  and  used  foi-  common  school  purposes,  in  the  same 
manner  as  other  proiierty  belonging  to  the  board  except  that 
it  cannot  be  sold  by  t'ie  board. 

81.  The  Board  is  not  bound  by  a  vote  of  the  citizens  of  the 
district  on  a  question  of  location.  In  all  cases  it  is  proper  to 
ascertain,  and  to  a  i)roper  extent,  to  be  guided  by  public  senti- 
ment, on  questions  in  which  the  public  are  directly  interested. 
Rut  this  can  be  as  well  ascertained  without  the  formality  of  an 
election  which,  generally,  only  embitters  the  contest  when  the  result 
of  the  vote  is  not  binding. 

82.  The  plan  of  a  proposed  school  house  should  be  matured 
with  the  greatest  care.  Some  work  on  school  architecture  should 
first  be  examined ;  for,  though  no  design  suitable  to  the  wishes 
of  the  board  in  all  respects  may  be  found  in  it  ;  yet  valuable 
hints  may  be  met,  and  parts  of  different  plans  combined,  so 
as  to  suit  the  case.  Other  good  school  houses  should  also  be  ex- 
amined.    Superintendents  can  give  good  advice. 

83.  The  undoubted  care  and  control  of  the  school  houses  are 
with  the  board  of  directors,  by  the  provisions  ax  well  as  the 
whole  scone  of  the  law.  The  agreement  with  the  teachers  also 
recognizes  and  secures  this  right,  and  infringement  upon  it  is 
a  trespass. 

84.  School  houses  are  not  public  property  in  the  sense  that 
gives  citizens  the  right  to  use  them  for  any  but  school  pur- 
poses,   without    the    consent    of    the    directors.      They    should    not 


OF   l'i:.\XSVI,\  AXIA.  59 

permit  them  to  be  used  for  any  other,  unless  iu  cases  where 
the  purpose  is  innocent  or  promotive  of  the  general  ciiuso  oi 
education,  and  the  improvement  of  youth. 

85.  The  establishment  of  a  joint  school  must  be  a  matter  of 
agreement  between  the  boards  of  the  two  districts.  Neither 
party  can  be  compelled  to  enter  into  it.  Such  schools  are 
usually  a  subject  of  contention,  and  should  not  be  establisJied 
unless'  the  necessity  for  them  is  very  pressing. 

8G.  If  a  house  is  to  be  built  for  a  joint  school  it  should  belong 
to  and  its  management  be  vested  in,  the  board  on  whose  tei  ii- 
tory  it  stands,  and  the  hoard  of  the  other  district  should  pay  a 
fair  annual  compensation  for  the  privilege  of  sending  to  it,  with 
the  proper  proportion  of  the  teacher's  salary  and  other  expenses. 
Besides,  directors  have  no  authority  to  make  an  agreement 
for  a  joint  school  that  will  be  perpetually  binding  upon  their 
successors.  All  agreements  for  the  establishment  of  joint  schools 
should  be  made  for  a  stipulated  length  of  time,  and  either  of 
the  parties  to  such  an  agreement  can  withdraw  from  it  at  the 
e.Kpiration  of  that  time.  In  all  cases,  however.  c<mrtesy  would 
demand  that  timely  notice  should  be  given  to  all  interested,  by 
the  party  intending  to  terminate  the  agreement.  Proper  regard 
should  also  be  paid  to  the  interest  of  the  children,  who  might 
be  deprived  of  convenient  school  accommodations  by  hasty  action 
in  breaking  up  a  joint  scnool. 

87.  The  law  does  not  specify  the  different  articles  or  kind  of 
furniture  proper  for  a  common  school  house.  But,  as  in  other 
matters  of  detail,  it  leaves  these  points  to  the  sound  discretion 
of  the  local  directors.  And  it  is  their  duty  to  render  the  houses 
as  pleasant,  and  furniture  as  commodious  as  the  means  at  their 
uisposal   will   permit. 

CXXV.     That    if    any    person    shall    wilfully    and    maliciously 
break    or    enter    any    public    school    house,    public 
school  building  or  other  buildings  used  for  pub-        Bu-aking  into 
lie    school    purposes,    or    any    out    house    used    in    building  or  dam- 
connection     therewith,     or    shall     injure,     damage    jfc"|re(l°a^ml^. 
or    destroy    any    school    furniture,    books,    papers.    dcme.Tnor' 
maps,  charts  or  apparatus  contained  in  any  i)ub- 
lic  school  house  or  other  building  used  and  occupied  for  public  school 
purposes,  he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
tuereof  shall   be  sentenced    to   pay   a   fine   not   ex- 
ceeding  one   hundred    dollars,    or   undergo    an    im-    Penalty, 
prisonment  in  the  county  jail  for  a  period  not  exceeding  six  months, 
or  either,  or  both,  at  the  discretion  of  the  court  (u). 


(11)    Act   May    19.    18ST,   sec.    1.    P.   L.   p.    76. 


tW  SCH(XU.    r.AWS    AND    DECISIONS 

<'XXVI.     That  boards  of  school  directors  and  controllers  shall 
provide  suitable  and   convenient   water  closets  for 
f.ii'*fcacb  school.      ^'^^^    ^^   ^^^'   schools    under   their   oflieinl    jurisdic- 
tion,  not  less  than   two  for  each  school  or  school 
huildin;;.    where   both   sexes   are   in   attendance   in   their    resjiective 
school  ilistricts.  with  separate  means  of  access  for  each;  and   un- 
less  placed  at  remote  distance  one  from  the  other. 
b^"'niran?ea  '  ^^*"  approaches  or  walks  thereto  shall  be  separated 

b.v  a  substantial  close  fence,  not  less  than  seven 
feet  in  height,  and  it  shall  be  the  duty  of  the  directors  or  con- 
trollers to  make  provision  for  keeping  the  water  closets  in  a  (dean, 
comfortable  and  healthful  condition   (vt. 

CXXVII.      Any  failure  on   the  part  of  school   directors  or  con- 
trollers   to    comply    with     the    provisions    of    this 
Ri-inoval  of  di-        g^t    shall    make    them    liable    to    be    removed    from 
rectors  tor  dod-  cc         u_     ..i  i.       c  ■.  •  n     ^i. 

compliance  ottice    by    the    court    or    quarter    sessions    of    the 

county  in  which  the  schools  are  located,  upon 
complaint  made  to  the  court,  under  oath  or  alfirmation  of  not 
less  than  five  taxable  citizens,  resident  in  the  school  district  in 
which  the  school  is  located  (w). 

88.  Separate  apartments  under  the  same  roof  will  not  be  suffi- 
cient, but  separate  houses  for  each  sex,  placed  as  far  apart  as 
possible,  must  be  provided  by  the  directors  and  properly  cared 
for  as  the  law  expressly  reciuires. 

CXXVIII.   That   the  boards  of  school   directors  and  controllers 
of  each    school   district   of   this   Commonwealth   be 
direc^tors^  school      ^nd    they   are   hereby    required   at   least   once   dur- 
ing  each   full   school   term   and   prior   to   the  first 
Removal  of  waste    of  January  of  each   year,   and  within   thirty  days 
matter,  etc  after  the  close  of  each  annual  school  term,  to  have 

taken  out.  removed  and  hauled  away  all  excrement  and  waste 
matter  from  every  out-house  or  water  closet  connected  with  or 
standing  upon  the  premises  of  every  public  school-house  in  the 
Commonwealth,  or  have  the  same  properly  dis- 
Dismrection  etc.  infected  ;  and  they  are  required  to  have  every  out- 
house or  water  closet  properly  scrubbed,  washed  out  and  cleaned, 
the  inside  walls  whitewashed  and  the  vaults  or  receptacles  cov- 
ered with  a  layer  of  fresh  dirt  or  dry  slacked  lime  within  ten  days 
of  the  opening  of  each  annual  school  term  (x). 

CXXIX.      That    the   school    boards   of   the   several    townships   or 


(V)   Act  Jnne  6,  1S93,  seo.   1     1'.   L.  p.  3S9 
(w)   Act  June  «,   1893,  sec.  'J.  P.  L.  839 
'X)    Act   June  34.   1895.   P.    L    p    254 


OF    l'E.N.\SVL\  AMA.  tjl 

school   districts    witliin    this   Commonwealth,    shall 
have    full    power   and    authority    to    contract    with    School   hoards 
any    person,    company    or    association    to    furnish    "nppiy""'/ "watw 
the  said  township  or  district  with  a  sufficient  sup- 
ply of  water  for  protection  from  fire  or  for  sanitary  purposes  for 
a  period  not  excoedin;;-  three  (o)  j'ears,  and  to  lo- 
cate  and    erect    fire    plugs    in    close    proximity    to   '^'''rm  of  contract, 
the  school   buildings  (y). 

CXXX.     The  school  boards  as  aforesaid  shall  make  a  record  of 
such    contracts    as    they    may    enter    into,    includ- 
ing  the   cost    thereof,    which    they   are   hereby   au-    J!]"J,™^"'tc  "*' 
thorized  to  pay  out  of  any  funds   in   the  treasury 
not  otherwise  appropriated  (zj. 

CXXXI.      The    township    auditors    shall    pass    upon    such    bills, 
and   their  action   thereon   shall  have   the   same  ef-    jjjug  ^haU  be 
feet    as    upon    other    expenditures    of    such    school    auiiiteil. 
boards  (a). 

CXXXI  I.     That  it  shall  be  lawful  for  the  ward  or  sub-district 
school    boards,   as    well    as   for   the   central    boards 
of  education   or  of  school   controllers   or  directors    School  bo.-irds 

in    the    several    cities   and    boroughs    of    the    Com-    '"'*^'  P^'''"''   the 
„  ,1,     ,  -i  ii  J-  if  11  1       use  or   grounds 

monwealth  to  permit  the  use  of  the  school  grounds    for  re-civation 
under    their  jurisdiction    for   park    and    recreation    purposes. 
|)urposes  by  the  public  (b). 

CXXXIII.     That  it  shall  be  lawful   for  all  such   ward  or  sub- 
district  school   boards   and   central   boaivls   of  edu- 
cation,   or    of    school    controllers    or    directors    in    ^"'^  arrange  for 
the  several   cities   and   boroughs   of   the   Common-    tioiT  o'f^same" 
wealth,    to    make    arrangements    with    the    city    or 
borough    authorities    for    the   enlargement,    improvement,    care   and 
protection  of  the  school  grounds  when  used  for  park  and  recreation 
purposes  bj"  the  public,  and  power  is  hereby  conferred  upon  such 
city  and  borough  authorities  to  make  such  expenditures  as  may  be 
necessary  to  carry  such  arrangements  into  effect  (c). 

CXXXn'.  The    said    city,    borough    and    school    authorities    are 
hereby   empowered    to    make   similar   arrangements 
with    corporations,    societies,    a.ssociations    or    in-    ^^ay  'ease  or 
J.    .J       ,      ,        .  .  I  •   1     i.1,  -ii-  permit    use  of 

dividuals   having  property   which   they   are   willing    giounds.    etc. 
to   donate,    lease   or   permit   the   use   of   for   public 
park  or  recreation  purposes,  and  said  city  and  borough  authorities 
are  also  empowered  hereby  to  make  all  expenditures  necessary  to 
make  such  arrangements  effective  (d). 

(y)    Act  June  24,  1805,  sec.  1     P.  L.  p.  245. 

(z)    Act  June  24.  ISO."),  .sec.  2,   1^.   L.  p.   24."".. 

(a)  Act  June  24,  ISO.",,  .sec.  S.   P.   L.  p.   24."i. 

(b)  Act  June  2C,  ISO"),  sec.  1,  P.  L.  p.  .■;.!1. 

(c)  Act  June  2C,  1S95,  sec.  2.  P.  L.  p.  .">r,l. 
fd)    Act  June  26.  1895.  sec.  .'',,  P.   I.,  p.   ;;:'.2. 


62  SCHOOL    LAWS   AM)   DECISIONS 

CXXX\'.  Tliat  all  the  rollowiug  descril)ed  buildings  withiu   this 

Commouwealtli.  to  wit:  Every  building  u.sed  as  a 
bundi'n<'s'"to  be  seminary,  college,  academy,  hospital,  asylum  or 
provided  with  liotel  for  the  accommodation  of  the  public,  every 

perraauent  safe        storehouse,    factory,    manufactory   or   workshop   of 
external    fire    es-    .^^^y    ].jjj^^    jjj    which    employes    or    operatives    are 

usually  employed  at  work  in  the  third  or  any 
higher  story,  every  tenement  house  or  buikling  in  which  rooms  or 
floors  are  usually  let  to  lodges  or  families,  every  public  hall  or 
place  of  amusement,  every  parochial  or  public  school  building, 
when  any  of  such  buildings  are  three  or  more  stories  in  height, 

shall  be  provided  with  a  permanent,  safe  external 
Number  and  loca-  means  of  escape  therefrom,  in  case  of  fire,  in- 
m?ned  by  size  "^of  dependent  of  all  internal  stairways  the  number 
building  and  and    location    of   such    escapes   to   be   governed    by 

number  of  in-  the    size    of    the    building   and    the    number   of   its 

™®*'^^-  inmates,  and  arranged  in  such  a  way  as  to  make 

Description  of.         them  readily  accessible,  safe  and  adequate  for  the 

escape  of  said   inmates  (ej. 
CXXXA'I.  That    every    person,    corporation,    trustee,    board    of 

education,  and  board  of  school  directors,  neglect- 
^Lfsa'f^^to"^ complv  ^^^  ^^'  I'efnsing  to  comply  with  the  requirements 
witli  act  declared  ot  section  one  of  this  act,  in  erecting  said  fire 
a  misdemeanor,  escape  or  escapes,  shall  be  liable  to  a  fine  not 
punishable  by  exceeding  three  hundred  dollars,  and  also  be 
ment°or  TJth.'"'""    deemed    guilty    of    a    misdemeanor    iv.inishable    by 

imprisonment  for  not  less  than  one  month,  or 
more   than   two   months   (f). 

CXXXVn.  That  on  and  after  the  first  day  of  December,  nine- 
teen hundred  and  seven,   that  it  shall  be  unlawful  for  any  board 

of  school  directors,  within  this  Commonwealth,  to 
Sanitation  of  use   a    common    heating   stove    for    the    purpose   of 

fichooi  rooms  rel-    heating   any   school- room,   unless   every   such   stove 
Temiladon!^  ^^h'^'l  be  in  part  inclosed  within  a  shield  or  jacket. 

uiade  of  galvanized  iron  or  other  suitable  material, 
and  of  sufficient  height  and  so  placed  as  to  protect  all  pupils, 
while  seated    at   their  desks,    from   direct   rays   of  heat   (g). 

CXXXVIIL  Be  it  further  enacted  that  every  school-room  iu 
this  Commonwealth  shall  be  provided  with  ample  means  of  ventila- 
tion, and  that,  when  windows  are  the  only  moans  iu  use,  they 
shall  be  so  constructed  as  to  admit  of  ready  adjustment,  both  at 


<e)    Act  June  S,    ISSr,,   P.   h.   {.   68, 

(f)    Act  .Tune   3.    1885,    P.    L.    p.    70. 

!g)    Act    Mav   29,    1907,    sec.    1,    P.    L.    p.    320 


OF  PENNSVLVAMA.    •  fi3 

the  top  and  bottom  and  some  device  shall  be  provided   to  protect 
pupils    .nm  currents  of  cold  air  (h). 

CXXXIX.  A   thermometer  shall  be  placed  in  every  school-room 
in  this  Commonwealth,  by  the  directors  in  charge, 
and    this    provision    shall    be    complied    with    even    Thermometers, 
when  standard  systems  of  heating  and  ventilation 
are  in  use  (i). 

CXL.  Any   school   board   neglecting  or  refusing  to   comply  with 
the  provisions  of  this  act,   mav  by   proper  course 
o-    law,    be   dismissed   from    offics^:    Provided,    That    '^'io'-it'ons   of 
when   one  or  more  members  shall   vote   to  comply 
with    the   provisions   of   this   act,   such    member  or    Proviso, 
members  shall  not  be  subject  to  dismissal  (j). 

CXLI.  That  wiienever  the   board   of  directors  or  controllers  of 
any  school  district  in  this  Commonwealth  shall  be 
unable   to   secure   such   eligible   sites   for   the   erec-    f^e'ection  of  site, 
tion    of   school    houses    thereui.    as    they    may    deem    expedient    by 
agreement   with    the    owner   or   owners    of   the    land,    it   shall   and 
may   be   la\\ful    for   the   board    of   directors,    in   behalf   of   the   dis- 
trict, to  enter  upon  and  occupy  sufficient  ground  for  the  purpose, 
which    they   shall    designate    and    mark    off.    not    exceeding    in    any 
case  one  acre,  and  to  use  and  occupy  the  same  for  the  purpose  of 
erecting  thereon   a  school   house,   with   its  necessary  or  convenient 
appurtenances ;     and     for     all     damage     done     or 
surfered,    or   which   shall    accrue    to    the    owner   or    ^.images    to    be 
owners  of   such    land    by   reason   of   the   taking  of    assessed 
the  same  for  the   purpose  aforesaid,   the  funds   of 
the  district  which  may  be  raised  by  taxation  shall  be  pledged  and 
deemed  as  security  (k). 

89.  The  power  to  take  compulsory  possession  of  school  sites 
should  not  be  exercised  unless  suitable  lots  cannot  otherwise  be 
obtained  on   reasonable  conditions. 

90.  The  Supreme  Court  has  decided  that  improved  real  estate 
can  be  seized,  and   lots  already  in   use  can   be  enlarged. 

t.j.  School  sites  taken  cannot  be  sold  by  the  directors,  when 
no  longer  used  "for  the  purpose  of  a  school  house."  When  not 
necessary  or  used  foi-  these  purposes,  they  revert  to  the  original 
owner,  his  heirs  or  assigns:  damags  only  for  the  use,  not  pur- 
chase monev   for  the  property,   having  been   rtaid   by   the  district. 

Note.— See  act  P.  L.  1S95,  page  29L.  relating  to  burial  grounds. 

CXLii.  That   if   it   shall    be   found,    that   on   account    of   great 


(b)  Aft  May  29,  1907,  sec.  -'.  I'.  L.  p.  320 
(1)  Act  May  29,  1907,  sec.  .'!.  P.  L.  p.  320 
(\)  Act  May  29.  1907.  sec.  (.  P.  L.  p.  320 
del    Act   April    9,    1867,    ace.    1.    p.    L.   p.    51 


64  SCHOOL   LAWS   AND   DECISIONS 

distance  from  or  difficulty  of  access  to  the  proper 
Wbeu    pupils  scliool    liouse   in    any   district,    some   of   the   pupils 

may  attend  In  thereof  could  be  more  conveniently  accommodated 
tricts""*  '"  th<^  schools  of  an  adjoinins  district,  it  shall  be 

the  duty  of  the  directors  or  controllers  of  such 
adjoining  districts  to  make  an  arransement  by  which  such  -upils 
mav  be  instriicteu  in  the  most  convenient  school  of  the  adjoining 
district*  and  the  exiienses  of  such  instruction  shall  be  paid,  as 
may  be  agreed  upon  by  the  directors  or  controllers  of  such  adjoin- 
ing districts  by  resolution  or  agreement  entered  upon  the  minutes 
of  the  respective  boards  (1).  .   • 

CXLIII.  That  children  residing  in  school  districts  in  which 
rh!i,irpn  nf  ppr  SHided  public  schools,  or  graded  courses  of  study, 
h.in  soiiooi-dis-  fire  or  hereafter  may  be  maintained,  may  attend 
tricts  nia.v  at-  the  public  schools  of  higher  grades  or  courses  of 
tend  schools  of  study,  including  high  schools,  in  other  districts ; 
i'n^iudinrhlKh  the  cost  Of  tuition  which,  shall  not  exceed  that 
sciioois  In  other  of  thi'  tuition  of  children  in  the  same  grade  or 
districts  courses    in    the    districts    maintaining    said    higher 

grades  or  courses  and  high  schools,  to  be  paid  to  the  districts  re- 
ceiving such  children,  out  of  the  moneys  raised  by  taxation  for 
common   or  i)ublic  school   purposes   in   the  districts   in   which   said 

children  reside:  Provided,  however.  That  such  at- 
Provlso.  tendance  shall  not  begin  until  after  provision  for 

the  same,  and  its  duration,  and  for  the  expense  of  tuition  accord- 
ing to  the  foregoing  restrictions,  has  been  made  by  the  boards  of 
directoi-s  of  the  districts  interested,  by  security  as  required  by  ex- 
isting   laws    (ml. 

93.  iupils  from  an  adjoining  district  are  to  be  charged  for 
by  the  month,  at  the  same  rate  as  it  costs  the  district  receiving 
them  per  pupil,  to  keen  its  own  schools  in  operation.  They  are 
not  merely  to  oe  paid  for  according  to  the  number  of  days  in 
actual  attendance,  but  as  long  as  their  names  remain  on  the 
roll  and  their  seats  are  kept  open  for  them. 

94.  The  board  receiving  pupils  from  an  adjoining  district,  under 
the  terms  of  this  law,  has  no  claim  upon  their  parents  but  only 
the  board  of  the  proper  district,  with  whom  there  should  be  a 
written  agreoment  on  the  subject. 

CXLIV.  That  from  and  after  the  passage  of  this  act.  all  children 
Children  one  and  ^^bc  reside  one  and  one-half  miles,  or  more,  by 
one-half  miles  public  road,  from  the  nearest  school  in  the  dis- 
troni  school  may  trict  where  they  reside,  may  attend  any  school 
coim'nient'"'^'^^  more  convenient  in  any  other  district,  without 
jchool.  the  consent  of  the  directoi's   or  controllers  of  the 

(1)    Act  May  S,   1854,  sec.   -3,   P.  L.   p.  622. 
(m)    Act  of  April   3.    190.S.   ser    t.   P.   I>.   p.    153. 


OF   ^•E^NSYL\■ANIA.  65 

where  they  reside  or  where  they  may  attend,  provided  the  consent 
of  the   directors  or  controllers   of  such   other  district  be   first   ob- 
tained; and  the  district  where  such  children  reside  shall  be  liable 
to  the  district  where  they  may  attend,  for  the  cost    ,,,.,,      , 
of  tuition:  Provided.  The  cost  of  tuition  shall  not    ^,'*^''"'  ^*""  '"'" 
exceed   the   tuition   of  children   in   the  schools  and 
grades  in   the  district    receiving  such    non-resident    i>rovi8o. 
cnildren   (n). 

CXLV.  That  from  and  after  the  passage  of  this  act  the  school 
directors  of  any  district,   by  the  affirmative   votes 
of  a  majority  of  the  board  duly   recorded  on   the    u.'il'y"'  ovute     " 
minutes,   may  provide  transportation   for  the  chil-    transportation 
dren,  at   the  expense  of  their  respective  districts.     f')r  ciuidri^n. 
to  and   from   any  school   in   the  district   in    which 
the    children    have    their    residence,    or    of    neigh-    ^yj^^.^   schools 
boring  districts:  Provided,  however.  That  the  pro-    a,.p  closed  bj- 
visions  of  this  act  shall  apply  only   to   the  pupils    reason   of  sriiHii 
of   schools,    which    in    the   discretion    of    the    hoard    attpudance. 
of    school    directors,    have    been    closed    by    reason 
of  small   attendance:   And    provided   further.   That    Shall    apply   only 
it  shall   apply  only  to  pupils  that  hav"  a  greater    |"   '^ereater  dis- 
distance    to    travel    or    are    placed    at    greater    in-    tance    to    travel 
convenience  than  before  such  schools  were  closed : 

And    provided    further.    That    the    cost    of    trans-  ,.^.     .  ,„,„„„„,. 

.     '.  •!       1     11  i  J     1.1  J.  Lost   or    trauspor- 

portation    per    pupil    shall    not    exceed    the    cost  tation. 
of  maintaining  per  pupil  these  schools  thus  closed 

(o)- 

OXLVI.  The   expense   incurred    providing   for   transportation    of 
school  children  under  this  act,  and  the  tuition  for    Expenses   and 
education   when   admitted    to   the   schools   of  oth*')     niitkm.     bow 
districts,    shall    be    paid    by    the    treasurer    of    the    i»^i<i- 
district   in  which   the  children  have  their  iilace  of  residence,-  upon 
the    order    of    the    schol    board    of    directors:    and 
no   member  of   the   board    or   other   official    of   the    nor'bTVrty    to 
township,    borough    or   school    district,    shall    be    a    ^^y   contract, 
party    to    any    contract    or    agreement    with     thy 
board,    or    re.eive    any     remuneration     for    services     rendered     to 
the  district   in  conveying  children   to  or  from  any  school   (p). 

CXL^'II.  That  for   the   purpose  of  this  act   the   word   "central- 
ization"  is  hereby  defined   as   a  system  of  schools    „  „  ,  , 
in    a    township,   providing   for    the   abolishment    of     ''^ntrallzatlon." 
all  sub-districts,  and   the  conveyance  of  pupils  to 
one  or   more  central    schools   (q). 


(n)  Act  May  2,   1907.   sec.   ;.,  P.   L.  p.    158. 

<(>)  Act  .Tiiuo  22.   1897,  sec.    i.   P.  L.  p.   181. 

(p)  Act  June  22,   1897,   sec.    5,   P.   L.   p.    181. 

(q)  Act    April   2n,    1901.   sec.    1     P.   T..   p.    ^0,^ 


»M;  school   laws   and   xjECISIONS 

ex  I  A' in.      A    township    board    of   school    directoi's.    upon    tho 
petition    of    a    majority    of    the    qualified    electors 
Petition.  representing    or    owning    property    to    the    amount 

of  not  less  than  one-fourth  of  the  assessed  valuation  of  such 
Q  .      .        township  district,  must  submit  such  question  to  a 

submit'ted  to  ^'°^®    *^^    ^^'^^    qualified    electors    of    such    township 

electors.  district,    and    if   more    votes   are   cast   in    favor  of 

centralization    than    against    it    at    such    election, 
It    shall    then    become    the   duty    of    the   board    of 
Dutv  of  school        school   directors,   and   such   board   of  school   direc- 
boai-d.  tors   is    required,    to    proceed    at   once   to    the   cen- 

tralization of  the  schools  of  the  township,  and  if 
necessary  purchase  a  site  or  sites  and  erect  a  suitable  building  or 
.  buildings   thereon:   Provided,   That   if  at   the  said 

roviso.  election  more  votes  are  cast   against    the   proposi- 

tion for  centralization  than  for  it,  the  question  shall  not  again  be 
submitted  to  the  electors  of  said  township  for  a  period  of  two 
years  (r). 

CXLIX.  All   elections   ordered   by   a    board   of  school   directors, 
in    pursuance    of    section    two    of    this    act,    shall 
Elections.  jjp   jipjjj   jj^   |.jjp   visual   place   or   places   of  holding 

township  elections  at  a  regular  election,  and  notice  shall  be  given 
and  the  election  conducted  in  all  respects  as  provided  by  law 
for  the  election  of  township  officers,  and  the  ballots  shall  have 
_  ,,  .  printed     thereon:      For    centralization — Yes;     For 

Ballots  centralization— No  (s). 

CL.      Should    the   board   of   school   directoi-s   deem    it   necessai'y 

™.„  ...        to    issue    bonds    to    purchase    a    site    or    sites,    or 

Tho   issuing   of  .  i     m  t  i     -i  i-  i?  .i 

bonds.  erect    a    building    or    buildings,    for    the    purpose 

t.f  such  centralization,  then  the  election  shall  be 
conducted  as  provided  in  section  three  of  this  act,  but  in  such 
case  tlie  ballots  shall  also  have  printed  thereon:  For  levying  a  tax 

to   purchase site   (or  sites)   and 

'*''"''*^-  erect building  (or  buildings)  for 

the  centralization   of  schools,   at  a   cost   not   to  exceed  $ 

Yes ;    For   levying   a    tax   to   purchase site    (or 

sites   and   erect  — building   (or  buildings)   for   the 

centralization    of    schools,    at    a    cost    not    to    exceed    $ 

No;  and  if  more  votes  are  cast  in  favor  of  levying  said  tax  for 
said  purpose  than  against  said  proposition  at  such  election,  it 
shall   be   the  duty  of  the  said   board   of  school   directors,   and   the 


(il    .\ct    .ipril   :::,,   1001,  soc.   .'.  r.   I.,  p.   lO.T. 
(.SI    Acl    April   L'.".,    1001,   sec.   3.   P.   L,   p.    105. 


OF  PENNSYLVANIA.  G7 

board  of  school  diieotors  is  aulhorized  to  issue  bonds  aud  sell  the 

same  as  provided  by  law,  and  to  levy  a  special  tax    ^      ^.^^   ,,,x 

to  provide  for  the  payment  of  the  same,   together    p^.^^^j^,^ 

with  interest  thereon:  Provided  said  levy  shall  not 

in   any   one   year  exceed   five   mills   on   the   dollar  valuation,   and 

said    bonds   shall    not    bear   more    than   five    per   centum   interest, 

and  shall  not  be  sold  at  less  than  their  face  value  (t). 

CLI.   In  a  township  in  which  proceedings  have  been  had  under 
the  preceding  sections  of  this  act  and   the   vote   has   been  favor- 
able for  centralization,  the  board  of  school  directors  are  required 
to  maintain  and  support  a  graded  course  of  instruction,  and  may 
include    a    high    school    course    of    not    less    than    ^     ^^^^^   ^^^^^^^ 
two  years:  they  are  also  required  to  furnish  trans-    ^f   lustructioa. 
portation   to  and  from   school   to  all   pupils  living 
more    than     three-fourths    of    a     mile     from     the    Tianspoi-tatiou 
central    building,    said    distance    to    be    measured    °^  pupils, 
from    the    enclosure    immediately    surrounding    theii    residence    to 
Che   school-house   property,   along   the  nearest   public   highway   (u). 

CLIl.  This  act  shall  take  effect  and  be  in  force  from  and  after 
the   date   of   its   "assage    (v). 

That  section  five  of  an  act,  entitled  "An  act  to  provide  for  the 
centralization  of  township  schools,  aud  to  provide  high  schools  for 
townsuips,"   which    reads   as  follows: 

CLIII.  'In    a    township    in    which    proceedings   have    been    held 
under  tJie  preceding  sections  of  this   act  and   the 
vote    has    been    favorable    for    centralization,    the    Section  5  of  the 
board   of   school   directors   are    required    to    main-    fgoi"  citirtfor""' 
tain   and   support   a   graded   course   of   instruction    aineu'dment. 
aud  may  include  a  high  school  course  of  not  less 
than  two  years :   they  are  also  required  to  furnish  transportation 
to  and   from  school  "to  all   pupils   living  more   than   three-fourths 
of  a  mile  from   the  central  building  said  distance  to  be  measured 
from  the  enclosure  immediately  surrounding  their  residence  to  the 
.school-house  property,  along  the  nearest  public  highway,"  be  and 
the  same  is  hereby  amended  to  read  as  follows  (w). 

CLIV.   In  a  township  in  which  proceedings  have  been  had  under 
the  preceding  sections  of  this  act  and  the  vote  has  been  favorable 
for    centralization,    the    board    of   school    directors 
are    required    to    maintain    and    support    a    graded    ^^  fnstnictlo'n""*^ 
course    of    instruction,    and    may    include    a    high 


It)    Act  April   2').    1901,   sec.  'i.   V.   L.   p.   106. 

(u)    Act  April  25,   1901.   sec.  :.    V.  L.  p.   106 

(v)    Act  April   25    1901,   sec.  6,    P.    L.   p.    106 

(w)    Act  .Tune  26,   1901,  sec.  1 .   P.  L.   p.   600. 


^  SCHOOL   LAWS   AND   DECISIONS 

school  course  of  not  less  than  two  years ;  they 
of"  pupils'*"""  '"'^'  ^^^^  required  to  furnish  transportation  to 
and  from  school  to  all  pupils  living  more  than 
three-fourths  of  a  mile  from  the  central  building,  said  distance 
to  be  measured  from  the  enclosure  immediately  sui-roundiug  their 
residence  to  the  school-house  property,  along  the  nearest  public 
highway:  Provided,  That  no  school  shall  be  abol- 
Froviso.  ished    or   discontinued    in    any    sub-district    where, 

on  account  of  the  geography  of  the  district,  it  is  impracticable 
for  the  pupils  to  be  conveyed  to  the  school  established  at  the 
point  of  centralization  (x). 

CLV.  For  the   purpose  of  erecting  school-houses  or   purchasing 
ground    whereon    to    erect    school-houses    it    shall 
When   districts        be   lawful   for   the  directors   or  controllers  of  any 
may   contract  district  to  borrow  money  at  a  rate  of  interest  not 

loans.  exceeding  six  per  centum,  and   issue   bonds  there- 

for in  sums  of  not   less   than  one  hundred  dollars 
each  (y). 

CLVI.  That  any  county,  city,  borough,  school  district  or  other 
municipality  or  incorporated  district,  may  incur  debt,  or  increase 
its  indebetdness  to  an  amount  in  the  aggregate  not  exceeding  two 
per  centum  upon  the  assessed  value  of  the  taxable  property  therein, 
as  fixed  and  determined  by  the  last  preceding  assessed  valuation 
thereof ;  and  the  corporate  authorities  of  such  municipality  may 
by  a  vote  thereof,  duly  recorded,  upon  its  minutes,  authorize  and 
direct  the  incurring  or  the  increase  of  such  debt  to 
May  issue  bonds,  j^jjg  amount  aforesaid,  and  may  issue  coupon  bonds 
or  other  securities  therefor  in  sums  not  less  than  one  hundred 
dollars  each,  bearing  interest  at  a  rate  not  exceeding  six  per 
centum,  payable  semi-annually,  and  the  principal  thereof  reimburs- 
able at  a  perioo  not  exceeding  thirty  years  from  the  date  at  which 
the  same  is  authorized  (zi. 

CLVII.  Whenever,  by  the  returns  of  such  election,  it  shall  ap- 
pear that  there  is  a   majority   voting  for  "no  in- 
Return.s    of   elec-    please  of  debt,"  such   increase  shall   not  be  made. 
nor  shall  any  other  election  upon  the  same  subject 
be  held   in   that  municipality  for  one  year  from   the  date  of  such 
preceding  election.      If  the   returns   of  such   election   shall  show  a 
majority  voting  that   "debt   may   be  increased."   the  corporate  au- 
thorities   of    the    municipality    may     increase    the    same    to    the 
amount  named  and  specified  in  the  notice  given  by 
May  issue  bonds,    them    for    the    holding    of    such    election,    in    the 
manner  and  subject  to  all  of  the  requirements  pro- 
vided    .    the  second  section  of  this  act  for  increasing  indebtedness 

(x)   Act  June  26,  1901.  sec.  C,  P.  L.  p.  600,  amended. 
(y)    Act  May  8,   1854,   sec.   Si,   P.   L.   p.   621. 
(z)    Act  April  20,   1874.  sec.   2,   P.   L.   p.   85. 


UF  PENNSYLVAMA.  69 

to  an  amount  not  exceeding  two  per  centum,  including  the  sworn 
statement,  to  be  filed  in  the  office  of  the  clerk  of  the  court  of 
quarter  sessions  of  the  proper  county ;  and  they  shall,  before  issu- 
ing any  obligation  therefor,  assess  and  levy  an  annual  tax,  the 
collection  whereof  shall  commence  the  first  year  after  the  said 
increase,  which  tax  shall  be  equal  to  at  least  eight  per  centum 
of  the  amount  of  such  increased  debt,  and  which  shall  be  sufficient 
for  and  be  applied  exclusively  to  the  payment  of  the  interest  and 
the  principal  of  such  debt,  within  a  period  not  exceeding  thirty 
years  from  tiie  date  of  such  increase ;  and  the  moneys  arising 
from  such  tax  shall  be  applied  annually,  and  as  fast  as  the  same 
accumulates,  to  the  redemption,  at  par.  of  the  said  outstanding 
obligations    (a). 

CLVIll.  The  word  "indebtedness,"  used  in  this  act,  shall  be 
ueemed,  held  and  taken  to  include  all  and  all  Meauing  of  in- 
manner  of  debt,  as  well  floating  as  funded,  of  deutedness. 
the  said  municipality ;  and  the  net  amount  of  such  indebtedness 
shall  be  ascerta.ned  by  deducting  from  the  gross  amount  thereof, 
the  moneys  in  the  treasury,  all  outstanding  solvent  debts,  and 
all  revenues  applicable  within  one  year  to  the  payment  of  the 
same   (b). 

ClylX.  The  corporate  authorities  of  every  such  municipality  or 
district  shall  annually,  in  the  month  of  January, 
nrepaie  aad  publish  in  at  least  two  newspapers  of    l^^^K  publish  de- 
said   municipality,   or  of  the  county   in   which   the    ^f'  ludebted'ness 
same    is    situate,    if    so    many    be    printed    therein, 
a  statement  showing  in  detail  the  actual  indebtedness,  the  amount 
0^  the  funded   debt,   the  amount  of   the  floating  debt   thereof,   the 
valuation  of  taxable   property  therein,   the  assets  of  the  corpora- 
tion,   with    the    character    and    nature    thereof,    and    the    date    of 
maturity   of   the   respective   forms   of   funded   debt    thereof,   and   a 
neglect   or   failure   so    to   do   shai.   be   a   misdemeanor,    punishable 
by  iine  not  exceeding  one  thousand  dollars  (c). 

CLX.  The  indebtedness  of  any  county,  city,  borough,  town- 
ship, scuool  district  or  other  municipality  or  incor-  iiow  debt  may 
poratCv  districts  lU  this  Commonwealth,  may  be  ^^  increased, 
authorized  to  be  increased  to  an  amount  exceeding  two  per  centum 
and  not  exceeding  seven  per  centum,  upon  the  last  preceding 
assesspa  valuation  of  the  taxable  property  therein  with  the  assent 
of  the  ejectors  thereof,  duly  obtained  at  a  public  election  to  be  held 
in  the  said  district  or  municipality.  Whenever  the  corporate  au- 
tuorities  of  any  county,   city,    borough,   township,   school   or  other 


(a)  Act  April   20,    1874,   sec.   4,   P.   L.    p.   67. 

(b)  Act  April  20,   1874,   sec.   5    P.   L.   p.   68. 

(c)  Act  April   20.   1874,  gee.   6    P.   L.  p.   68. 


7(1  SCHOOL    LAWS   AND    DECISIONS 

municipality  or  incorporated  district,  by  their  ordinance  or  vote 
sliall  liave  signified  a  desire  to  make  such  in- 
Aote  of  citizens,  crease  of  indebtedness,  tliey  shall  give  notice, 
during  at  least  thirty  days,  by  weekly  advertisements  in  the 
newspapers,  not  exceeding  three  in  said  districts ;  and  if  no 
newspapers  be  published  therein,  by  at  least  twenty  printed 
hand  bills  posted  in  tlie  most  public  parts  thereof,  of  an  election 
to  be  held  at  the  place  or  places  of  holding  the  municipal  elec- 
tions in  said  district  or  municipality,  on  a  day  to  be  by  them 
fixed,  for  the  purpose  of  obtaining  the  assent  of  the  electors  thereof 
to  such  an  increase  of  indebtedness  (d). 

In  regard  to  the  refunding  and  redemption  of  existing  indebted- 
ness, see  act  of  May  8.  1876,  P.  L.  page  128. 

CLXI.  ihat  in  any  cases  where  any  school  district  or  school 
directors  of  any  such  district,  in  this  Common- 
redeemed'*"^  wealth  has,  by  virtue  of  any  law  or  any  general 
or  special  act  of  Assembly  of  this  Commonwealth, 
issued  bonds,  either  with  or  without  interest  coupons  attached, 
certificates  or  any  other  evidence  of  indebtedness,  to  secure  any 
indebtedness  of  any  such  school  districts,  it  shall  be  lawful  for 
thf  school  directors,  or  proper  officers  of  any  such  school  districts 
to  redeem  any  or  all  of  the  bonds,  certificates  or  any  other  evidence 
of  indebtedness  so  issued  as  aforesaid,  before  or  after  the  maturity 
thereof,  with  the  consent  of  the  holders  thereof,  and  for  the  pur- 
pose of  redeeming  or  paying  any  such  bonds,  certificates  or  other 
evidences  of  indebtedness,  to  issue  new  bonds  therefor,  payable  at 
any  time  not  exceeding  twenty  years  after  the  date  thereof,  at 
the  same  or  any  lovi'er  rate  of  interest,  with  or  without  interest 
coupons  attached,  and  not  exceeding  in  the  aggregate  amount  the 
amount  of  the  bonds,  certificates  or  other  evidences  of  indebt- 
edness so  redeemed  or  paid  (e). 

CLXII.  Whenever,  by  the  returns  of  such  election,  it  shall  ap- 
pear that  there  is  a  majority  voting  for  "no  in- 
Mt^beTnJrelsed  ^'^'^a^e  of  debt,"  such  increase  shall  not  be  made. 
Nor  shall  any  other  election  upon  the  same  sub- 
ject be  held  in  that  municipality  for  one  year  from  the  date  of 
such  preceding  election.  If  the  return  of  such  election  shall  show 
^  majority  voting  that  "debt  may  be  increased."  the  corporate  au- 
thorities of  the  municipality  may  increase  the  same  to  the  amounl 
When  and   to  named    and    specified   in    the    notice   given   for   the 

what   amout  holding   of   such    election    for   increasing   indebted- 

debt  may  be  ness,  to  an  amount  not  exceeding  two  per  centum, 

S\voru    state-  including   the   sworn   statement    to   be   filed   in    the 

ment.       '  office  of  the  court  of  quarter  sessions  of  the  proper 

(d)  Act  June  9,  1891,  sec.  :;,  P.  L.  p.  2.54. 

(e)  Act  May  10,  1881,  sec.  I.  P.  I>.  p.  16. 


OF   ri:.\.\SVLVANIA. 


cuunty ;    and    they    shall,    beluie    issuiug    imy    obligatious    therefoi'. 

assess    aud    levy    an    annual     tax,     the    colli'ction 

whereof   shall    commence    the   first   year   after    the    sessed"         "'^ 

saiu    increase,    which    tax    shall    be    equal    to    and 

sufficient    for  and    applied    exclusively   to    the   pay    Amount  of  appii- 

ment    of    tne    interest    and    the    principal    of    such    «^=ition  of  tax. 

debt    within    a    period    nut    exceeding    thirty    years    from    the    date 

of   such    increase ;    and    the    moneys    arising    from    such    tax    shall 

be   applied,    at    such    periods    as    the    municipality    may    stipulate 

in    such    obligations,    to    the    redemption,    at    par,    ry  ^       ,■ 

at     the     sain     outstanding     obligation     according    oblig^tk.n""   ' 

to  their  terms  (f). 

CLXIII.  That    any    county,    city,    borough,    school    district    dt 
other    municipality    or    incorporated    district    may 
incur    debt,    or    increase    its    indebtedness    to    an    rx-bt   fquai    to 
amount    in    the   aggregate    not    exceeding    two    per    t""  pei'  centuin 
centum    upon    the    assesed    value    of    the    taxable    ^';""  bT  "ncurre.i 
property     therein,     as     fixed     and    determined     by 
the   last   preceding  assessed    valuation    thereof;    and    the   corporate 
authorities    of    such    municipality    may,    by    a    vote    thereof    duly 
recorded    upon    its    minutes,    authorize    and    direct 
the  incurring  or  the  increase  of  such  debt  to   the    Authorities   may 
amount    aforesaid,    and    may    issue    coupon    bonds    of  Mme    "ndTs- 
or     other     securities    therefor    in    sums     not     less    sue  securities 
than    one    hundred    dollars    each,    bearing    interest    tlierefor 
at  a  rate  not  exceeding  six  per  centum  per  annum, 
payable   semi-annually,    and    the    principal    thereof    vlirnhnr^Jahi';'^''' 
re-imbursable    at    a    period    not    exceeding    thirty    '""^"'"'^''"'e- 
years    from    the    date    at    which    the   same    is    authorized,    and    an 
annual   tax  commencing   the  first   vear  after  such    ,„         '  ^ 
debt   shall   be   increased   or   incurred   sufficient    for     '"^  *"  ^^  '^^'^•'■ 
the    payment    of    the    interest    thereon,    and    the    H""'  nioney  to 
principal    of   such    debt    within    a    period    not    ex-    ^"^  applied, 
ceeding  thirty  years  from  the  date  of  such  increase  shall  be  forth- 
with assessed.     Before  issuing  any  such  obligation  of  security,  it 
shall  be  the  duty  of  the  principal  officer  or  officers  of  such  muni- 
cipality or  incorporated  district   to  prepare  a   statement,  showing 
the     actual     indebtedness     of    such     district,     the 
amount   of    the    last    preceding    assessed    valuation    Statement   to  be 
of    the    taxable    property    therein,    the    amount    of 
debt   to   be   incurred,    the   form,   number  and   date 
of  maturity  of  the  obligations  to  be     issued  there- 
for, and  he  shall  make  and  append  thereto  his  oath 
or   affirmation   of   the    truth    of   the   facts   therein    „,  , 
stated,    and    shall    tile    the    said    statement    in    the    f.vor™ 
office  of  the  clerk  of  the  court  of  quarter  sessions 


Contents   of 
statement. 


(f)    Act  April   18,    1895,   sec.    I.   1' 

6 


L.   p.    37 


72  SCHOOL    LAWS   AND    DECISIONS 

of  the  proper  county ;  upon  the  failure  so  to  do,  he  shall  be 
Penalty  for  neg-  Suilty  of  a  misdemeanor,  and  on  conviction  thereof 
lect.  shall   be  punished  as  provided  in  the  first  section 

Certified  copies  of  this  act.  Certified  copies  of  the  record  of  such 
of  btatemeut  to  statement  under  the  seal  of  the  said  court  shall  be 
be  evidence.  competent  evidence  in  all   the  courts  of  this  Com- 

Proviso.  monvvealth:     Provided,   That   the   bonds   shall   not 

be  sold  at  less  than  their  par  value  (g). 

CLXIV.  That  all  bonds  or  other  obligations  of  any  county,  city, 
borough,  township,  school  district  or  other  muni- 
BoiKls  is^u^jl  by  cipality  or  incorporated  district  within  this  Com- 
etc°,'*^\vi'tb  coii-  monwealth,  issued  with  the  consent  of  the  electors 
sent  thereof,  in  of  such  county,  city,  borough,  township,  school  dis- 
excess  of  2  per  trict,  ot  other  municipality  or  incorporated  dis- 
va"/d'"etc"*''  trict.   iu  conformity  with   the   requirements  of  the 

Exceptions.  law,  except  that  the  same  have  been  issued  since 

the  eighteenth  day  of  April.  Anno  Domini  one  thousand  eight 
hundred  and  ninety  five,  in  amounts  in  excess  of  two  per 
centum  of  such  last  assessed  valuation,  be  and  the  same  are 
hereby  made  valid  legal  obligations  of  the  respective  county, 
city,  borough,  township,  school  district,  or  other  municipality 
or  incorporated  district,  which  has  issued  the  same,  and  that 
the  said  resoective  county,  city,  borotigh,  township,  school 
district  or  other  municipality  or  incorporated  district  shall  be 
and  is  bound  for  the  payment  in  ftill  of  said  bonds  or  other 
obligations  according  to   the  tenor  thereof   (h). 

CLXV.  That   whenever  any  school   district   in   any   borough   or 
township   of  this   Commonwealth   shall   have   here- 
ludebtedness  tofore  created   an    indebtedness   for  a   lawful   pur- 

by'^s^ciiooi  dis-  po^*^  by  action  of  the  legal  and  proper  officers 
tricts  without  thereof,   such    indebtedness   being   within    the   con- 

assent  of  elec-        stitutional     limit    of    seven    per    centum    and     in 
excess    of    two    per   centum    of    the    last    assessed 
valuation    of   such    school    district,    and    not    having   first    obtained 
the     assent    of    the    electors    thereof   in    favor   of   increasing   such 
indebtedness  as  provided  by  law,   it  shall   be  law- 
May  now  sub-  fni   for  the   proper  officers  of  such   school   district 
"alUluting^'sSch "     ^^   ^^"^*'   ^o   be  submitted    to   the   electors   of  such 
Indebtedness.            district  the  question  of  validating  and  giving  bind- 
ing   force    to    such    indebtedness    theretofore    at- 
tempted to  be  created  (i). 

CLXVI.  The  corporate  authorities   of  any  such   school  district 


(g)   Act  April    13,   1897,   sec.   2,   P.   L.  p.   17,  amended, 
(b)   Act  May  19,   1897,  sec.   1,   P.   L.  p.   76. 
(1)    Act  June  10,   1897.   sec    1     P    L.   p     139. 


OF   PEXNSVLVAiSlA.  73 

may.  by  resolution,  signify  their  desire  to  vaii-  Duties  of  corpo- 
uate  and  give  binding  force  to  such  indebted-  "^"te  authoiities. 
ness,    whereupon    it    shall    be    their    duty    to    give  h        i    n 

notice  during  at  least  thirty  days  by  weekly  ad-    "e^Vveu 
vertisements    in    the    newspapers,    not    exceeding 
three  in  said  district;  and  if  no  newspaper  be  published  therein, 
by   at   least    twenty   printed   handbills   posted   in    the    most   public 
parts  thereof,  of  an  election  to  be  held  at  the  place  or  places  of 
nolding    the    municipal    elections,    in    which    such    school    district 
may  be,  on  a  day  to  be  by  them  fixed,  for  the  purpose  of  obtain- 
ing  the   assent   of   the   electors   thereof   to    the   making  valid   and 
giving  binding  force  to  such  increase  of  indebtedness.     Said  notice 
slaall   contain   a   statement   of   the   amount   of   the 
last  assessed  valuation,  of  the  amount  of  the  ex-    Jj^*^°"  °^  """ 
isting  deot,  of  the  amount  and  percentage  of  the 
increase  proposed  to  be  made  valid  and  of  the  purposes  for  which 
the  indebtedness  was  created  and  the  money  used.    Time  and  place 
Such  election  shall  be  held  at  the  place  and  timt    of  iioiding  eiec- 
same  regulations,  as  pi'ovided  by  law  for  the  hold-    tun- 
ing of  municipal  elections,  and  it  shall  be  the  duty  of  the  inspec- 
tors and  judges  of  such  election  to  receive  tickets, 
either  written   or   printed,    from   electors   qualified    Duty    of   judges 
under   the   Constitution   of   this   State   to   vote   in    and  inspectors, 
such    district,    labelled    on    the    outside    "increased    p^,^^^   „f   (ickpts 
debt,"    and    containing    in    the    inside    the    words 
"in     favor    of    debt    as    already     increased,"     or 
"against    debt    as    increased,"    and    to    deposit    said    tickets    in    a 
box  provided  for  that  purpose  as  is  provided  by  law  in  regard  to 
other    tickets    received    at   said    election ;    and    the    tickets    so    re- 
ceived  shall   be   counted   and    return    thereof  made 
to  the  clerk  of  the  quarter  sessions  of  the  proper    tjcuetsaud  re- 
county,    duly    certified,    as    is    required    by    law,    turns, 
together   with    a   certified   copy   of   the    resolution 
and   the  advertisement;   and   the  sird   clerk  shall   make   record   of 
the    same    and    furnish    a    certifiec.    copy    thereof, 
under  seal,    showing   the    result,    to    the   corporate    ^^^^  ^^  ^^^^.^ 
authorities   of   said   school   district,   and   the   same    ^f  court  of  quar- 
shall     be     placed    on    record    upon     the     minutes    ter  sessions, 
thereof.     The  corporate  authorities  of  such  school 
district  shall  in  all  cases  fix  the  time  of  holding  such  election  on 
the     day    of    the    municipal    or    of     the     general    Election  to  he 
election,   unless   more   than    ninety   days   lapse   be-    held  upon  reifu- 
tween  the  date  of  the   resolution   or  vote  desiring    ^^^  electiou 
such    increase    and    the    day    of    holding    the    said      ^^^' 
municipal   or  general    election.     If  any   other   day    Exceptions, 
be    fixed    for   such    election    the    expenses    of   hold-    Expenses  of  spr- 
ing the  same  shall   be  paid   by   the  school   district    "^'i'  election 


74  SCHOOL    r,A\VS   AXT)    DKCISIONS 

for  the  benefit  of  which  it  shall  be  held.      In   receiving  and  count- 
ing and  in  making  return  of  the  votes  cast,  the  inspectors,  judges 

and  clerks  of  said  election  shall  be  governed  by 
Existing  laws  ^\iq    laws    of    this    Commonwealth    regulating    the 

these  el«ftious         municipal  elections,  and  the  voti'  sliall  be  counted 

by  the  court  ^a  is  now  providcil  by  the  genera! 
Penalties   of  laws    governing    municipal    elections ;    and    all    the 

?awT  extended  to    Penalties    of   said    election    laws    for    the   violation 
this  act.  thex'eof  are  hereby  extended  to  and  shall  apply  to 

the  voters,  inspectors,  .judges  and  clerks  voting 
at  and  in  attendance  upon  the  elections  held  under  the  provisions 
of   this  act   (j). 

CLXVIl.  Whenever   by    the    returns   of   such    election,    it   shall 

appear  that  a  majoi'ity  of  the  votes  cast  is  in 
iiecome  valld^  *'^^'0^"    "^    making    valid    the    increased    debt,    such 

debt  shall  thereupon  become  valid  and  of  bind- 
iim  force,  but  the  propei'  authorities  in  said  school  district 
.shall,     before    issuing    any    obligation    therefor,     assess  and   levy 

an  annual  tax.  which  tax  shall  be  equal  to  at 
levv'^'of'Ta'x  """^      ^®^^''    ei"'ht    per    centum    of    the    amount    of    such 

increased  debt,  and  which  shall  be  sufficient  for 
and   he  applied  exclusively  to  the  payment  of  the  interest  and  the 

principal  of  such  debt  within  a  period  not  ex- 
Appiieation  of  needing  thirty  years  from  the  date  of  such  in- 
o^debt.  '"^"*'"''""    crease,    and    the    moneys    arising    from    such    tax 

shall  be  applied  annually,  as  far  as  the  same  may 
accumulate,  to  the  redemption  at  par  of  the  said  outstanding 
obligations  (k). 

CLXVIII.  They   shall    exercise   a   general    supervision   over   all 

the  schools  of  their  respective  districts,  and  shall 
To  visit  monthly,    by     one     or    more    of    their   nurabei",     visit     every 

school  in  the  district  at  least  once  in  each  month, 
and  shall  cause  the  result  of  such  visit  to  be  entered  on  the 
minutes  of  the  board  (1). 

CLXIX.  That  from  and  after  the  passage  of  this  act,  the  salary 
of  common   school-teachers,   in  districts  of  this  Commonwealth   re- 
ceiving State  appropriation,  shall  be  no  less  than 
*f'"s'Tooi  f^'^h^     tifty    dollars    per    month    in    all    cases   where    the 
ers.      ^^     '^'^'^         teacher  holds  a  professional,  permanent,  or  normal 

school  certificate,  and  has  had  two  years'  practice, 
and  presents  a  certificate  of  pi'oficiency  in  said  practice,  for  said 
time,  from  the  superintendent  in  charge  of  said  teacher  (m). 
CLXX.  That  the  minimum  salary  shall  be  foi'ty  dollars  for  all 

(.1)  Act  June  10,  LSg",  sec.  2,  P.  L,.  p.  140. 
(k)  Act  June  10,  1.S97.  sec.  :>.  P.  h.  p.  141. 
(1)  Act  May  8,  1854,  sec.  -'.'},  P.  L.  p.  622. 
(m)    Act  May  31,   1907,   sec.   J     P.  L.   p.   336. 


OF   FENNSYi..  ANIA.  75 

teachers  holding  certificates  of  less  grade  than  required  under 
section  one  of  this  act.  And  that  the  State  shall  pay  the  amount 
of  increase  in  all  salaries  that  are  provided  for  under  this  act,  and 
over  the  amount  of  salary  paid  in  each  school  district  in  this  Com- 
monwealth in  one  thousand  nine  hundred  and  six,  and  said  in- 
crease shall  be  paid  out  of  the  increased  appropriation  for  the 
common  schools  (n). 

CLXXI.  The  president  and  secretary  of  school  districts,  where 
the   prescribed   salary   is   greater  than   that      paid   for   the   school 
year   beginning   June,    one   thousand    nine   hundred    and    six,    shall 
certify    under    oath    to    the    State    Superintendent    oertiflcate   to 
of  Public  Instruction,  on  blanks  prepared  by  him,    superintendent 
the  number  of  teachers,   with   the  salary  paid   to    of  Public  in- 
each,  in  one  thousand   nine  hundred  and  six ;   the    stmction. 
number  of   teachers,    with    the   salary    paid    to  each,   for  the   year 
for  which  the  report  is  made  :   also  the  number  of  months  in  the 
school   term   for  said   year.     In   order  that  any  district  may  par- 
ticipate in  this  additional  appropriation  its  report 
must    be    filed    in    the    Department    of   Public    In-    *'i"'^s  leport. 
struction,   on   or   before   the   first   Monday   of   October,   one   thou- 
sand   nine   hundred   and   seven,    and    at    the   same    time   annually 
thereafter.     The  total  amount  payable  to  all   the  school  districts 
in  the   State,   on  account  of  the  increase  of  teachers'   salaries  as 
provided   for   in    this   act,    shall    first   be   deducted    from    the    total 
annual   school   appropriation,   and   the   balance   of 
said    appropriation   shall   be   apportioned    and   dis-    Apportionment 
tributed    among    the    several    school    districts,    as    and    distribution 
provided     for    under    existing     laws.     The     State    of    appropriiition. 
Superintendent    of    Public    Instruction    shall,    at 
the  usual  time  of  paying  the  regular  appropriation,   pay   to  those 
districts,    from    the   annual   school    appropriation,    an   excess   equal 
to    the    difference    between    the    salaries    of    the    teachers    for    the 
school-year  one  thousand  nine  hundred  and  six  and   the  minimum 
salaries  prescribed  by  this  act  (o). 

CLXXII.  This    act    shall    take    effect    the    first    ^.ct   to  take 
of  June,    one    thousand    nine    hundred  and  seven    effect, 
(p). 

1.  Every  school  district  of  this  Commonwealth  failing  to  com- 
ply with  the  requirements  of  this  act.  shall  forfeit  its  State  ap- 
propriation for  the  whole  time  during  which  this  act  has  been 
violated. 

CLXXIII.  They  shall  have  the  appointment  of  all  the  teachers 


(n)  Act  M-iy  31,  1907,  sec.  2.  P.  L.  p.  336. 
(o)  Act  May  3],  1907,  sec.  :..  P.  L.  p.  237. 
fp)  Act  May  31.  1907.  sec.  I,  P.  L.  p.  237 


76  SCHOOL    LAWS    Ay\>    DEnSIONS 

of  common  schools  iu  the  district,  fix  the  amount 
(llsm!.ss'"\eacher8  '^^  teachers'  salaries,  and  may  dismiss  them  at 
and  tix  salary.        ^^V  time  for  incompetency,  crueltj',  negligence  or 

immorality  (q). 
CLXXn^  That   hereafter   it   shall    be   lawful    for   the   board   of 
School   (lireciors      school     directors     or     school     controllers     in     any 
may  employ  common    school    district    in    this    Commonwealth, 

no-rapuy  ap/  ^"  .  employ  teachers  of  stenography  and  type- 
tvpewriting.  writing,    without    requiring    the    person    emploj'ed 

Teachei-8  certifi  ^''^"  ^¥^  purpose  to  have  a  teacher's  certifi- 
cate not  re  9^^^  fi'o™  the  county,  city  or  borough  super- 
quired,  intendeut  of  public  instruction,  as  now  required 
Shall  not  tench  ''.v  law ;  but  no  such  person  shall  be  permitted 
any  other  to  teach  any  other  branch  than  those  herein  ex- 
branch,  pressly  named,  and  no  such  employment  shall  be 
permitted  until  it  shall  have  been  approved  in  writing  by 
Such  erapio.i-ment  the  county,  city  or  borough  superintendent,  as 
must  be  approv-  the  case  may  be,  and  shall  have  been  sub- 
®"-  mitted  to  and  opproved  in  writing  by  the 
State  Superintendent  of  Public  Instruction  (r). 

CLXXV.  That  on  and  after  the  passage  of  this  act,  local  school 
„      ,  ,  boards   of     the    various     townships,   boroughs   and 

tain  grades  ma!v"  wards,  and  boards  of  education,  board  of  control 
be  elected  for  "  and  other  bodies  having  authority  under  the  laws 
two  and  three  of  this  Cunimonwealth.  to  elect  principals  and 
years.  assistant     teachers     of     public,     high     and     State 

normal  schools  of  said  Commonwealth,  may  elect  principals  and 
assistant  teachers,  holding  the  grade  of  "professional  certificates.'" 
for  two  su"cessive  school  terms,  and  those  holding  the  grade  of 
"permanent  certificates."'  or  diplomas,  issued  by"  State  normal 
schools  of  this  Commonwealth,  for  three  successive  school  terms: 
„,     .      ,     .  Provided.   That  any  of  the  aforesaid   boards  shall 

'•nuse'^^'  ''**^*"  power  at  any  time,  to  dismiss  any  principal 

or  assistant  teacher  in  their  employ,  for  any  of  the 
causes  mentioned  in  the  act  of  May  eight,  one"  thousand  eight 
hunrlred  and  fifty-four,  of  the  schools  of  this  Commonwealth  (s). 

Cl>XXVL  That  no  teacher  in  any  public  school  of  this  Com- 
Weariug  of  any  monwealth  shall  wear  in  said  school  or  whilst  en- 
roiigioiis  dress  gaged  in  the  performance  of  his  or  her  duty  as 
le'icire'r'!!?  public  ^"^1'  teacher,  any  dress,  mark,  emblem  or  insignia 
schools  pronlbit-  indicating  the  fact  that  such  teacher  is  a  member 
ed.  or   adherent    of   any    religious    ordei".    sect   or   de- 

nomination (t). 


(q)  Act  May  8.   1854,  sec.  2,^.  P.  I>.  p.  822. 

(rj  Act  June  23.   1807,  .sec.    i.   V.   L.  p.   193. 

(s)  Act   .Tune   L'.").    1885.   sec.    \ .    P.    I,,   p.    17.S 

(t)  Art   rTune   27.    189?i.    sw,    l,    p     T,     p.    ;t9ri 


OF  PENNSYLVANIA.  77 

CLXXVII.  That  in  case  of  violation  of  tiie  provisions  of  the 
first  section  of  tiiis  act  by  any  teacher  em- 
ployed in  any  of  the  public  schools  of  this  Com-  '.',^"^[1},^*  'j""  j,jfg 
monwealth,  notice  of  which  having  been  pre-  ^^.^ 
viously  given  to  the  school  board  employing 
such  teacher  that  it  shall  be  the  duty  of  such  school  board  to 
permanently  suspend  each  teacher  for  employing  in  such  school 
for  the  term  of  one  year,  and  in  case  of  a  second  offense  by  the 
same  teacher  it  shall  be  the  duty  of  said  school  board  to  per- 
manently disqualify  such  teacher  from  teaching  in  said  school, 
and  any  public  school  director  failing  to  comply  with  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and  shall  be 
punishable,  upon  conviction  of  the  fii-st  offense,  by  a  fine  not 
exceeding  one  hundred  dollars,  and  in  case  of  a  second  con- 
viction for  the  violation  of  the  provisions  of  this  act,  the  offend- 
ing school  directors  shall  be  punished  by  a  fine  not  exceeding 
one  hundred  dollars  and  shall  be  deprived  of  his  or  her  office 
as  a  public  school  director.  A  person  thus  twice  convicted  shall 
not  be  eligible  to  appointment  or  election  as  a  director  of  any 
public  school  in  this  State  Avithin  period  of  five  years  from 
the  date  of  his  or  her  second  conviction  (u). 

95.  The  law  gives  to  the  directors  the  power  to  elect  principals 
and  assistant  teachers  holding  the  higher  grades  of  certificates  for 
two  or  three  years,  as  the  case  may  be.  The  election  and  employ- 
ment of  teachers,  the  wages  to  be  paid,  the  length  of  the  annual 
school  term  agreed  upon  and  the  rate  of  taxation  for  school  and 
building  purposes  are  matters  to  be  determined  by  the  new  board 
after  its  organization  in  June. 

90.  No  teacher  should  be  employed  without  a  printed  or  written 
agreement.  Innumerable  difficulties  spring  from  the  neglect  of  this 
measure. 

97.  The  certificate  is  a  safe  guide  in  selecting  teachers  in  regard 
to  professional  standing,  and  the  grading  of  the  salaries  in  propor- 
tion to  the  figures  in  the  certificate  is  a  wise  and  beneficial  rule. 
The  simple  rule  of  accepting  those  with  the  best  certificate — moral 
character  being  right — will  soon  exclude  the  incompetent  and  ren- 
der the  task  of  selection  easy. 

98.  The  employment  of  a  teacher  without  a  valid  certificate  is 
illegal,  for  the  law  says  elsewhere,  "no  teacher  shall  be  employed 
in  teaching  any  branch  of  learning  other  than  those  enuumerated  in 
his  or  her  certificate." 

99.  Family,  political  or  church  influence  should  never  be  per- 
mitted to  swerve  a  director  from  the  line  of  duty,  in  the  selection 
of  teachers.  These  have  often  been  the  bane  of  the  exercise  of  the 
office  in  this  its  highest  function. 

100.  The    jurisdiction    and    authority    of    the    teacher    over    the 

fn>    Act  .Tune  27.   189S.   bpc.  2,   P.  I.,  p.   .395. 


78  SCHOOL    LAWS   AND    DECISIONS 

pupils  are  neither  limited  by  the  school  house  walls,  nor  to  the 
time  the  school  is  actually  in  session.  As  a  general  rule,  in  all 
matters  legitimately  connected  with  the  schools  and  the  manners 
and  morals  of  the  scholars,  the  teacher's  jurisdiction,  conjointly 
with  that  of  the  parent,  commences  when  pupils  leave  the  parent's 
roof  and  control  to  go  to  school,  and  continue  until  their  return 
from  school.  The  teacher,  however,  is  not  responsible  for  the  mis- 
conduct of  pupils  on  the  way  to  and  from  school,  though  he  has 
the  right  to  punish  for  such  misconduct,  when  brought  to  his 
knowledge. 

101.  The  teacher  is  to  bestow  equal  and  impartial  attention  on 
all  children  placed  under  his  charge;  to  be  undeviating  in  adher- 
ence to  a  firm,  uniform  and  moderate  system  of  discipline,  and  to 
pay  most  especial  regard  to  the  morals,  habits  and  general  be- 
havior, as  well  as  mental  instruction  of  his  pupils  and  their  parents 
or  guardians  should  be  sacredly  respected,  sectarian  instruction  not 
oeing  the  province  of  the  school  teacher,  but  of  the  parent  or 
guardian,  and  the  spiritual  teacher  selected  by  him. 

102.  The  teacher  should  govern  his  school  by  appeals  to  the 
reason  and  better  feelings  of  his  pupils  if  possible.  But  a  teacher 
in  the  common  schools  stands  in  the  place  of  a  parent  to  a  pupil, 
and  may  administer  correction  to  him  under  the  same  restrictions 
as  in  the  case  of  a  parent. 

103.  The  right  of  a  teacher  to  inflict  such  punishment  is 
founded  upon  the  necessity  of  the  case  and  not  upon  statute. 
It  is  absolutely  necessary  that  good  order  should  be  maintained 
in  the  schools,  and  that  all  proper  rules,  regulations  and  com- 
mands of  the  teacher  should  be  strictly  and  promptly  ol)eyed. 
Hence  a  necessity  exists  for  suflicient  power  to  enforce  this 
duty,  and  therefore  it  is  held  that  the  teacher  may  inflict 
such  reasonable  corporal  punishment  upon  the  pupil  as  the 
l)arent  might  inflict  for  a  similar  cause.  It  becomes  the  duty 
of  directors,  therefore,  to  sustain  the  teacher  in  their  efforts  to 
l)reserve  order  and  maintain  discipline  in  the  school. 

104.  The  removal  of  teachers  is  in  all  cases  to  be  very  cau- 
tiously effected.  The  law  specifies  the  causes  for  dismissal;  and 
it  is  alike  due  to  the  dignity  of  the  board  and  the  rights  of  teachers 
that  no  one  should  be  displaced  except  on  the  clearest  proof  and 
after  thorough  investigation,  if  necessary.  A  teacher  wronged  in 
this  respect  can  seek  redress  by  a  suit  against  the  board  for  dam- 
ages. 

105.  Dismissal  of  a  teacher  is  of  two  kinds :  from  employment 
b.y  the  directors,  and  from  the  profession  by  the  county  super- 
intendent. 

106.  If  charges  of  incompetency,  cruelty,  negligence  or  im- 
morality be  made  against  the  teacher,  a  hearing  should  take 
place    and    a    full    investigation    in    the    presence    of    the    t^aohev 


OF  PENNSVLVAMA.  79 

be    grauted,    with    reasonable    uotioe    to    prepare    for    his    defense, 
and  the  result  be  entered  on  the  niinvites. 

CLXXVIII.     That   it  shall   be   the  duty   of  every   teacher  em- 
ployed  under   the   provisions   of   this   act    to    make 
out  and   file   with    the   board   of  directors   or  con-    Teachers    to 
trollers  of  the  district,   at  the  end  of  each   month    "eptn. 
a  report  settinjr  forth  the  whole  number  of  pupils 
attemling   school   duriug-   the   month,   designating   whether  male   or 
female,    the   number   of  days   each    attended,    the   books   used   and 
the    branches    taught;    and    until    such    reports    shall    have    been 
made   it   shall   not   be   lawful   for   the   board    of  directors    to   pay 
said   teacher  for  his   or  her  services.      The   reports   made   in   pur- 
suance   of    the    foregoing    provision    shall    be    reg- 
ularly  filed    by   the   secretary   of   the   board   of  di-    '^°,  •'"^'.,",','|'    ^'1,1; 
rectors   or  conti'ollers.    and    shall    at   all    times    be    fuspoction!  '" '  "^ 
subject  to  the  inspection  of  any  citizen  of  the  dis- 
trict (v). 

an.  The  monthly  report  books  have  been  improved  from  time 
to  time,  and  they  are  now  believeil  to  embrace  all  that  is  neces- 
sary. Unless  they  are  properly  and  regularly  kept  it  will  be 
impossible  to  obtain  and  furnish  that  statistical  view  of  the 
schools  so  necessary  to  their  own  improvement  and  the  public 
information. 

CLXXIX.     They  shall   direct  what   branches   of   learning  shall 
be   taught   in   each   school,   and   what   books   shall 
be  used,  agreeably  to  the  provisions  of  the   twen-    To  dii-eet  stiuiies 
ty-fifth    and     thirty-eighth    sections    of    this    act.    ?oi-  mfsc^onSu?! . ^ 
and   may   suspend    and    expel    from    the   school    all 
pupils  found  guilty,  on  full  examination  and  hearing  of  refractory 
or  incorrigibly  bad  conduct  (w). 

108.  The  branches  of  orthography,  reading,  writing,  arith- 
metic, geography,  grammar.  United  States  history  and  physi- 
ology and  nygiene  are  peremptorily  required  to  be  taught  in 
every  district.  In  addition  to  these  the  law  elsewhere  permits 
and  enjoins  provisions  for  instruction  in  "such  other  branches 
as  the  board  of  directors  or  controllers  may  require."  The  in- 
ti'oduction  of  other  branches  into  the  schools  is  optional  with 
school    boards. 

CLXXX.    That  immediately  after  the  annual  election  of  teach- 
ers   in    each    school    district    of    the    State,    and 
before    the    opening    of    the    schools    for    the    en-    Series   of  school 
,  ^1  I     11     u  i-  c     ,.1        nooks,    wheu    aud 

suing    term,     there    shall    be    a    meeting    of     the    !„,„.   selected. 
directors  or  controllers   and   teachers  of  each   dis- 
trict :    at   which    meeting  the   directors    or   controllers   shall   decide 
upon   a   series   of   school    books,    in    the   different   branches    to   be 

(t)    Act  May  8.   1854,  sec.   27.   P.   I.,  p.   62.3. 
(w)    Act  May  8.    1854,   sec.   2;!.  P.    I.,   p.   622. 


JSO 


SCHOOL    LAWS   AND    Dl-JCISIONS 


No  other   to   be 
used. 

CLXXXL 

Free   text    books 
and  supplies. 


taught  during  tlu-  eu.suiug  yotir:  which  books, 
and  no  other,  shall  be  used  in  the  schools  of 
the  district  during  said  period  (x). 
That  school  directors  or  controllers  shall  purchase 
text  books  and  other  necessary  school  supplies 
for  use  in  the  public  schools  of  their  respective 
school  districts  as  such  new  text  books  and  sup- 
plies are  required,  in  addition  to  those  at  present  in  use  in  the 
hands  of  pupils,  or  owned  by  the  school  districts,  out  of  the 
school  fund  of  the  district,  and  when  so  procured  the  necessary 
books  and  school  supplies  shall  be  furnished  free  of  cost  for 
use  in  the  schools  of  said  district,  subject  to  the  orders  of  the 
directors  or  controllers  thereof,  whose  duty  it  shall  be  to  provide 
for  the  return  of  anu  for  the  safe  keeping  and  care  of  the 
books,  which  shall  be  ivturned  at  the  close  of  the  anntial  school 
term   in  each   year,  or  as  the  board  may  direct  (y). 

CLXXXII.  That  the  board  shall  keep  an  ac- 
?i!fJ'^!.„I!I.'I.^l  „«  count  of  all  moneys  expended  under  the  above 
counts.  section   and   report   it  under  separate   item  in  an- 

nual financial  accounts  as  authorized   by   law  (/). 
CLXXXIIL     That  school  directors  or  controllers  shall  purchase 
text    books    and    other    necessary    school    supplies 
for   use   in    the   public   schools   of   their   respective 
school    districts,    out    of    the    school    fund    of    the 
district,     and     when     so    procured     the    necessary 
books  and  school  supplies  shall  be  furnished  free 
of   cost    for    use    in    the    schools    of   said    district, 
subject    to    the    orders    of    the    directors    or    controllers    thereof, 
whose    duty    it    shall    be    to    provide    for    the    re- 
Return  of  oooks.    turn    of    and    for    the    safe    keeping   and    care    of 
the   books    which    shall    be    returned    at    the   close    of    the   annual 
school  term  in  each  year  or  as  the  board  may  direct.     The  board 
shall     allow   each     child     who    wishes     to    attend 
a   i)ay  or  select  school,  any  time  during  vacation, 
between     regular    school     terms,     the    use    of    the 
books    furnished    him    or    her    for    that    purpose: 
Provided  further.  That  the  teacher  of  said  school 
or  schools  shall   possess  a   valid  certificate   issued 
by   a   superintendent   of  public  schools:     Provided, 
Duty  of  directors    however.   That   the  school   directors   or  controllers 
books*^^  return  of    gjiaii  make  such  regulation  for  the  care  and  return 
of   said    books   as    tliey    may   deem    necesasry,    and 
it   shall   be   their  duty   to  see   that   said   book   shall   be   used   only 


Scliool     directors 
shall    purchase 
text    books,    etc. 

Books   shall    be 
furnished    free. 


Children    allowed 
use  of   books   for 
pay    school    dur- 
ing vacation. 

Qualiticatiou     of 
teacher. 


(X)  Act  May  8,  1854,  sec.  1'5,  P.  L.  p.  623. 
^y)  Act  May  18,  1893,  see.  1.  P.  L.  p.  93. 
(z;  Act  June  25,  1885,  sec.  -i,   P.  L.  p.  173. 


OF   I'i:\XSYl-\  AMA.  Nl 

when    the   pay   school    is    held    ia    city,    l>orough    or   district   school 
house  (a). 

109.  It  is  now  the  imperative  duty  of  the  several  boards  of 
directors  and  controllers  to  make  urovision  for  furnishing  and 
equipping  their  schools  in  all  gradfS  with  the  necessary  school 
books  and  with  the  supplies  generally  needed  by  the  pupils 
for  daily  use  in  the  schools,  such  as  slates,  pencils,  papers, 
pens,  inks,  tablets,  etc. 

110.  The  only  limit  to  the  course  of  ins'ruition  in  a  common 
school  is  that  set  by  the  wants  of  the  pupils  and  tlie  discretion 
of  the  hoard.  The  higher  branches  of  learning  should  not, 
however,  be  introduced,  either  in  mixed  schools,  or  in  those  of 
grades  established  for  the  purpose,  till  full  provision  has  been 
made  for  the  instruction,  in  the  rudimental  branches  above  named, 
of  all  who  need  them. 

111.  Suspension  is  the  separation  of  the  pupil  for  a  limited 
time  from  the  school,  and  it  may  be  either  for  bad  conduct,  for 
absence,  or  as  a  sanitary  measure. 

112.  A  teaclier  may  suspend  a  pupil  until  the  board  can  be 
called  together  to  act  upon  the  matter;  but  suspension  for  a 
definite  time,  as  a  punishment,  can  only  be  inflicted  by  the 
board,  say  for  a  month  or  the  remainder  of  the  term ;  and  is 
only  to  take  place  after  full  examination  and  hearing,  a  note 
of  which  is  to  be  put  on  the  minutes  of  the  board. 

CLXXXIV.     That  hereafter  the  board  of  directors  of  any  dis- 
trict,   the    controllers    in    cities    and    boroughs,    or 
any    school    superintendent,    shall    not    order    or    fi^^^gf,?^^^^^  l 
direct,   or   make   any    change    in    the   school    books    tliree  yea'rs!^^      " 
or  series  of  text  books  used   in  any  school   under 
his    or    their    superintendence,    direction,    or    control,    more    than 
once   in   every     '^riod   of   three  years;   and   any   laws   or  parts  of 
laws    inconsistent    herewith,    be    and    the    same    are    hereby    re- 
pealed (b). 

CJjXXXV.     Any  school   director,   controller,   or  superintendent, 
who  shall  violate  the  provisions  of  this  act,  shall 
oe    deemed    guilty    of    a    misdemeanor,    and    upon    ^*t°on  ^f  law 
conviction     thereof     shall     be     sentenced     by     the 
court  to  pay  a  tine,  not  exceeding  two  hundred  dollars,  and   that 
he  be  deprived  of  his  office   (c). 

113.  The  power  of  selecting  the  books  to  be  used  by  the  pupils 
IS  left  by  law  exclusively  in  the  hands  of  the  directors,  with 
that  of  prescribing  the  branches  to  be  pursued  in  the  schools. 
But  consultation  with  teachers  on  the  text-books  to  be  used  is 
a   legal   requirement. 

114.  The  addition  of  a  new  work  on  some  branch  introduced 
after  the  annual  meeting  prescribed,  is  legal ;  otherwise  it  would 

(a)  Act  June  7,  1897,  aec.  i,  P.  L.  p.  TSl. 
fb)  Act  May  26.  1871,  sec.  X,  P.  Ii.  p.  280. 
(e)    Act    May    26.    1S71,    sec.    5     P     L     p     ?<i') 


S2  SCHOOL   LAWS   AND   DECISIONS 

not  be  practicable  to  iutroduce  uew  studies  or  branches  of  study, 
as  the  pupils  advance,  but  only  at  the  beginning  of  each  school 
year. 

±15.  The  scriptures  come  under  the  head  of  text-books,  and 
they  should  not  be  omitted  from  the  list. 

116.  The  common  school  is  no  place  for  controversy  or  the 
implanting-  ol  tne  habit  of  it,  either  in  religious  or  political  sub- 
jects,  much  less  for  books  or  lectures  of  questionable  morality. 

CLXXXVl.  That  it  shall  not  be  lawful  for  the  county  super- 
intendents, directors  or  controllers,  or  any  other  person  offi- 
cially connected  with  the  common  school  sys- 
alpnTs!  ^^  f^™'  to  become  agents  for  the  sale,  or  in  any 
way  promote  the  sale,  of  any  school  books,  maps, 
charts,  school  apparatus  or  stationery,  or  to  receive  compensa- 
tion for  such  sale,  or  promotion  of  sale,  in  any  manner  what- 
soever, and  any  violation  of  the  provisions  of  this  section  sliall 
be  deemed  a  misdemeanor,  and  punishment  with  a  fine  or 
imprisonment   (d). 

CLXXVIl.  That  it  shall  not  be  lawful  for  any  director  yr 
president  of  uny  school  board  in  this  Common- 
tereit^*"""     '^  wealth     to    be    interested     in     the    furnishing    of 

books   or  any   otiier  supplies   for  said  school   (e). 

lit.  No  book-seller  who  is  a  director  can  legally  be  the  agent 
of  a  publisher  for  the  introduction  and  supply  of  books,  sta- 
tionery, etc.,  to  the  board  without  incurring  the  penalties  of 
the  law.  nor  can  a  board  of  directors  enter  into  a  contract  with 
its  members  to  build,  repair  or  furnish  school  houses. 

1x6.  Tne  law  expressly  prohibits  superintendents  and  other 
persons  officially  connected  with  the  common  school  system  from 
acting  as  agents  for  the  sale  of  school  books,  maps,  charts,  school 
anparatus  or  stationery,  and  from  promoting  in  any  way  the 
sale  of  such  articles  and  publications,  or  receiving  compensation 
for  their  sale  or  promotion  of  their  sale.  The  terms  of  the  law- 
are  clear  and  specific  on  this  point,  and  the  penalties  f(jr  its  viola- 
tion severe.  Any  person  holding  a  commission  as  superintendent 
of  schools  cannot  legally  become  an  agent  for  any  sale  of  school 
books  or  sunnlies  of  any  kind  for  the  use  of  the  schools,  or 
have  a  pecuniary  interest  in  the  sale  of  the  same  in  his  own  dis- 
trict or  elsewhere  within  this  Commonwealth. 

Ci^XXXVIII.  The  directors  and  controllers  of  the  respective 
districts  shall  have  power  to  establish  schools 
schooi^^  ''*   different  grades,   and   to  determine   into   which 

school  each  pupil  shall  be  admitted   (f). 

119.  The  duty  of  grading  the  schools  is  as  obligatory  upon 
directors,   in  districts   admitting  of   this  arrangement,   as   it   is   to 


(d)  Act  May  8,  1854,  sec.  :;  J,  P.  L.  p.  623. 

(e)  Act  M.iy  11,   1862,  sec.   17.  P.  L.  p.  475. 
If  I    Act    .Muv   s,    18.^4.   sec.   2.^.    P.   L.   p.   622. 


OF  PIONNSYLVANIA.  83 

establish    them    in    sufficient    nxinibprs    to    cMlucate    all    of    proper 
age,  who  may  apply. 

120.  In  towns  and  densely  populated  school  districts  the  grad- 
ing of  the  schools  not  only  secures  the  better  and  more  speedy 
instruction  of  the  pupils,  and,  if  properly  arranged,  decreases 
the  expenses  of  the  district  in  proportion  to  the  amount  of  in- 
struction imparted,  but  it  elevates  the  common  school  plan 
of  education  by  enabling  it  to  impart  all  the  instruction  the 
pupil  requires,  until,  such  time  as  he  is  of  proper  age  to  leave 
home  in  pursuit  of  higher  attainments.  Ungraded  common  schools 
are  imperfect,  and  should  only  be  tolerated  while  the  circumstances 
of  the  district  render  grading  impossible. 

121.  The  school  law  does  not  prescribe  the  hour  when  schools 
shall  be  opened,  nor  the  number  of  hours  during  which  they 
shall  be  kept  open.  Custom,  it  is  true,  fixes  the  period  some- 
where between  the  hours  of  S  A.  M.  and  five  P.  M.,  but 
this  custom  may  be  departed  fi'om,  at  the  discretion  of  the 
directors,  and  to  suit  the  wants  of  the  pupils. 

CLXXaIX.      They    shall    pay    all    necessary    expenses    of    the 
schools  by  drafts  on  the  district  treasurer,  signed 
by   the   president,    and    attested    by   the   secretary    p|£eaJes"*^'^^^^'"^^ 
of    the    board,    the    same    being    entered    on    the 
minutes  (g). 

122.  Every  order  on  the  district  treasurer,  to  be  strictly  legal, 
should  be  authorized  to  be  issued  by  a  vote  of  the  board  in 
meeting,  express  on  its  face  the  purposes  for  which  it  was 
issued,  and  be  signed  by  the  president,  and  attested  by  the 
Secretary. 

123.  Directors  may  legally  pay  for  stationery,  advertising  for 
teachers,  printing  blank  orders,  articles  of  agreement,  etc..  out 
of    the    funds    of    the    district.      Also,    all    postage    upon    official 

usiness. 

124.  If  the  teacher's  salary  be  not  paid  when  due  and  de- 
manded, it  will  be  on  interest  against  the  district  from  the  date 
of  demand. 

CXC.     That   it   shall   be  the   duty  of  each   board   of  school  di- 
rectors   in    the    several    school    districts    of    this 
Commonwealth,     annually    at     the    close    of    the    statements  to  be 
school  year,   to  place  in   the  hands  of  the  proper    fmors  ''"" 

auditors,  a  full  certified  statement,  itemized,  of 
their  receipts  anu  expenditures  for  the  past  year,  including  the 
assets  and  liabilities  of  the  district  of  all  kinds,  with  all  books, 
papers  and  votichers  relating  to  the  snme.  to  be  by  said  au- 
ditors examined,  and  if  found  to  h(^  f-orrect.  approved;  such 
statement  to  be  spread  upon  the  minutes  of  the  board  of  di- 
rectors, and  in  a  condensed,  but  fully  classined 
form.,    published    by    said   board    in    not   less   than    r^'hiicatlon. 

(g)   Act  May  8,  1854,  sec.  -'a.  P.  L.  p.  622.  ' 


84  SCHOOL    LAWS   AXJ»   DECISIONS 

ten  written  or  printed  handbills,  to  be  put  up  in  the  most  public 
place  in  the  district,  or,  if  deemed  preferable,  in  two  newspapers 
of  the  county  in  which  the  district  is  situated  having  the 
largest  circulation  among  the  citizens  interested ;  and  for  any 
neglect  or  failure  to  perform  the  duties  enjoined  by  this  act  the 
officers  named  therein  shall  be  deemed  guilty  of  a  misdemeanor, 
punishable  by  a  fine  not  exceedmg  three  hundred  dollars,  to"  be 
paiu  into  the  school  fund  of  the  district  in  which  the  offense 
shall   have   been  committed   (h). 

CXCI.  That  the  publication  of  the  accounts  of  school  boards 
herein  nrovided  for,  shall  be  in  lieu  of  all  other 
Repeal.  publications    of    said    accounts    now    required    by 

law ;  and  all  acts  or  parts  of  acts  inconsistent  herewith  be  and 
they  are  hereby  repealed:  Provided,  That  the  provisions  of  this 
act  shall   not  extend   to  cities   of   the   first   class   (i). 

125.  In  preparing  the  annual  statement  for  publication,  minute 
detail  of  all  the  items  need  not  be  given.  This  would  render  it 
uselessly  ti'oublesome  to  prepare  and  expensive  to  publish.  Such 
general  results  and  classified  items  as  will  enable  the  citizens 
of  the  district  to  fully  comprehend  the  proceedings  of  the  board, 
are  all  that  the  law  requires.  The  statistics  of  the  schools- 
Such  as  the  number  of  pupils,  number  in  actual  attendance, 
etc. — may  be  added  if  the  board  think  proper,  but  the  law  does 
not  require  it. 

CXCII.  That  hereafter  it  shall  be  unlawful  for  any  school 
director,  superintendent  or  teacher  to  make  any 
tions'^^*^''  aistinc-  distinction  whatever,  on  account  of,  or  by  reason 
of  the  race  or  color  of  any  pupil  or  scholar  who 
may  be  in  attendance  upon,  or  seeking  admission  to,  any  public 
or  common  school,  maintained  wholly  or  in  part  under  the  school 
laws  of  the  Commonwealth   (j). 

CXCIII.  That  the  twenty-fourth  section  of  an  act  of  Assem- 
bly, approved  the  eighth  day  of  May,  Anno  Domini  one  thou- 
sand eight  hundred  and  fifty-four,  entitled  "An  act  for  the 
regulation  and  continuance  of  a  system  of  education  by  com- 
mon schools.'  which  section  is  as  follows:  "That  the  directors 
or  controllers  of  the  several  districts  of  the  State  are  hereby 
authorized  and  required  to  establish  within  their  respective  dis- 
tricts, separate  schools  for  the  tuition  of  negro  or  mulatto  chil- 
dren, whenever  such  schools  can  be  so  located  as  to  accommo- 
date twenty  or  more  pupils ;  and  whenever  such  separate  schools 
shall  be  established,  and  kept  open  four  months  in  any  year, 
the  directors  or  controllers  shall  not  be  compelled  to  admit 
such  pupils  into  any  other  schools  of  the  district:  Provided, 
That   in    cities   or   boroughs,    the   board    of   controllers   shall    pro- 

(b)    Act  May  8,   1870,  sec.   1,  P.  L.  p.  91. 
(1)    Act   May   8,    1876,   sec.    2     P.    I.,    p.    !)■.'. 
(j)    Act  June   8,    1881,   sec.    1,    P.   L.   p.    76. 


OB'  PENNSYLVANIA.  SS 

vide    for    such    schools,    out    of    the    general    funds    assessed    and 
collected     by     uniform     taxation     for    educational 
purposes,"  be  and  the  same  is  hereby  repealed  (k).    Repeal- 

CXCIV.      Each    board    of    directors    and    controllers    shall    an- 
nually,  on   or   before   the   first    Monday    in   June, 
make  a  report  to  the  county  superintendent,  set-    pon  to  county 
ting     forth     the     number     and     situation     of     the    superintendent, 
schools    in    their    district ;    the    character    of    the 
teacners.    designating    whether    male    or    female;    the    number   and 
sex    of    the    scholars    admitted    during    the    year ;    the    number    of 
months    in    the    year   during    which    each    school    shall    have    been 
open;    the    amount    of   school    tax    levied    and    collected;    the    cost 
of   school    houses,    either    for    building,    renting    or    repairing,    and 
all    other    expenses    which     may    have    been     incurred    in     main- 
taining   the    school    for    their    districts,    together    with    such    other 
information   as   may   be   beneficial   to   forming  a   just   estimate  of 
the  operation  of  the  school  system  (1). 

12G.  A  district  failing  altogether  to  forward  its  annual  report 
for  any  school  year  will  forfeit  its  share  of  State  appropriation  for 
that   school   year. 

CXCV.      Tnat    as    soon    as    the    schools    of    any    district    shall 
have   closed    for   the   school    year,    commencing    on 
the    first    Monday    of   June    preceding,    the    presi-    yent'^of  boinf^ 
dent    of    the    board     of    directors    or    controllers 
shall     certify     under     oath     or     affirmation,     as     to     the      whole 
number   of  months   the   schools   in   their   respective   districts,   have 
been    kept    open    and    in    operation,    according    to    law ;    also    that 
no   teacher  has   been   employed   for  or  had   charge   of  any  of  the 
schools   of   said   district   during    the   year,    who   had    not   a    valid 
certificate    from    the    county    superintendent,     together    with    the 
name  and   postofiice   address   of   the   district    treasurer,   and   shall 
forward    the   same   to    the   county   superintendent,    who    shall    im- 
meiJiatelv    approve    said    certificate,    if    found    to 
he    correct   and    transmit    it    to    the    State    Super-    tupeHntenTnL. 
mtendent    of    Common    Schools ;    if    it    shall    ap- 
pear   by    said    certificate,    that    the    schools    of    the    district    have 
been   kept   open   and    in   operation,   according   to  law  at   least  four 
months   subsequent    to    the   first    Monday   in   June    preceding,    and 
that  no  teacher  has  had  charge  of  any  of  the  schools  of  the  dis- 
trict during  the  whole  time  they  have  been  kept  open  dui'ing  the 
year,   who   had    not   a    ^alid    certificate    from    the    county   superin- 
tendent,   the   State    Superintendent   shall    draw    his    warrant   upon 
the  State  Treasurer  for  the  whole  amount  which 
said  district   is  entitled  to  receive  from  the  annual    g^a[e'''aDDronrla- 
^tate    appropriation:     Provided,    That    the    board     tjon. 
of  dire'tors  or  controllers  shall,  at  the  same  time 

(k)    Ad   June  8,   1881,  see.   2.  P.  L.  p.   76. 
(1)    Ac,   May  S,   1854.  sec.   -.S,   P.   L.  p.   622. 


8<i  SCHOOL    LAWS   AND   DECISIONS 

forward  to  tne  county  superintendent  a  report  of  the  condition 
of  the  schools,  in  their  respective  districts,  as  directed  in  the 
twenty-third  section  of  the  act  of  May  eighth,  one  thousand  eight 
hundred  and  fifty  four:  And  provided  further.  That  said  certificate 
and  report  shall  have  been  transmitted  to  the  Superintendent  of 
Common  Schools  on  or  before  the  fifteenth  day  of  July  of  the 
school  year  succeeding  the  one  for  which  the  certificate  and 
report  were  made   (m). 

CXCVI.     That  the  minimum  school  term  shall   be  six  months, 
.  .  and   after   the   close  of  the  school  year  ending  on 

sev°e™Zutbr  the  first  xMonday  of  June,  one  thousand  eight 
hundred  and  eighty-seven,  school  directors  and 
controllei's  shall  keep  the  schools  in  their  respective  districts 
in  operation  at  least  six  months  each  year:  Provided  that  the 
length  of  the  annual  term  may  remain  as  present  in  districts 
where  the  maximum  amount  of  tax  allowed  by  law  to  be  levied 
for  school  purposes  shall  be  found  insufficient  to  keep  the  schools 
open  a  greater  length  of  time  (n)  (o). 

CXCVII.      That    the    following    days    and    half    days    namely, 
the   first   day   of   January,    commonly    called    New 
served ^^as'^iio'i-      dear's  day:    the   twelfth   day  of  February,   known 
(lays.  "         'IS  Lincoln's  birthday ;   the  third  Tuesday  of  Feb- 

ruary, election  day :  the  twenty-second  day  of 
February,  known  as  Washington's  birthday ;  Good  Friday :  the 
thirtieth  day  of  May,  known  as  Memorial  day ;  the  Fourth  of 
July,  called  Independence  day;  the  first  ]\Ionday  of  September, 
known  as  Labor  day ;  the  first  Tuesday  after  the  first  Monday 
of  November,  election  day ;  the  twenty-fifth  day  of  December 
known  as  Christmas  da.v,  and  any  day  appointed  or  recommended 
by  the  Governor  of  this  State  or  by  the  President  of  the  United 
States  as  a  day  of  thanksgiving  or  fasting  and  prayer,  or  other 
religious  observance  are  to  be  observed  legal  as  holidays  (p). 
CXCVIII.  That  the  minimum  school  term  shall  be  seven 
months,  and  after  the  close  of  the  school  year 
Minimum  tst-hool  ending  on  the  first  INIonday  of  June,  one  thou- 
term  to  be  seven  i-iti         i      j  i        ■      ^        •  i       ii- 

months.  sand    eight    hundred    and    ninety-nine,  school    di- 

rectors   or    controllers    shall    keep    the    schools    of 
their    respective    districts    in    operation    at    least    seven    months 
each   year:    Provided,  That   the  length   of  the  an- 
Proviso.  nual    term    may    remain    as    at    present    in    dis- 

tricts where  the  maximum  amount  of  tax  allowed  by  law  to  be 
levied  for  school  purposes,  together  with  the  amount  of  State 
aonrouriation    to    which    the    said    district    are    entitled,    shall    be 

(ni)    Act   April    17,    186.5.    se-.    ?,,    P.    L.    p.    62. 

(n)    Act  May  19,   1887.   sec,   1     P.  L.  p.   139. 

(o)   Term  extended  to  seven  months  bv  act  of  April   4.    ISOft.   P.   T..  i).   31. 

(p)   Act  June  2.3.   1897,  see.    I.   P.   T,.   p.   190. 


OF   PENNSYLVANIA  87 

found   insufficient   to   keep   the   schools   open   a   greater   length   of 
time  than  six  months  (q). 

<^XCIX.      That   a   common   school    month    shall    hereafter   con- 
sist   of    twenty    day's    actual    teaching,    and    no    „  .  „  ,   „  ^.^ 
school  shall  be  kept  open  in  any  district   for  the    f^^°°^  ^^'"g" 
purpose    of    ordinary    instruction    on    any    Satur- 
ca..    or  on   any    legal   holiday   or   in    any   county   during   the   time 
of  holding  the  annual  county  institute  therein  (r) 

CO.     That   the   Boards   of   School   Directors,    Boards   of   School 
Controllers,    and    Central     Boards    of    Education,    in    school    dis- 
tricts  of   the   second    and    third    class,    are   hereby    ™      .     , 
authorized    and    empowered    to    establish    and    ad-    ^eui  fund.'^^    *" 
minister   a    teacher's    retirement    fund.      The    said 
fund    shall    consist    of    all    funds    available    for    like    purposes    at 
the  time   of  the   enactment   of   the   law,    together   with   such   addi- 
tions   thereto    as    the    Boards    of    School    Directors,    Boards    of 
School   Controllers,   or   Central    Boards   of   Education    may,    from 
time   to   time  prescribe,   and   such   moneys  as   may   be  donated  or 
bequeathed  for  such  purposes  (s). 

CCI.      Any    teacher,    principal,    or   supervising    official,    retiring 
with    th'i   consent   of   the    Boards   of   School    Directors,   Boards   of 
School    Controllers,    or    Central    Boards    of    Education,    shall    re- 
ceive   from    the    said    fund    such    annuity    as    the 
Boards    of    School     Directors,    Boards   of   School    Annuity. 
Control]'  rs,  or  Central  Boards  of  Education  may  prescribe  (t). 

ecu.     That  on   and   after  June  first.   Anno  Domini  one  thou- 
sand   eight    hundred    and    ninety-eight,    one-third 
of    the    money    annually    appropriated     for    com-    One-third   lo  be 
mon   schools  in   this  Commonwealth   shall   be  dis-    ^^^g7,"'o"/*;Ju,\"er 
tributed    on    the    basis    of    the    number    of    paid    ^f  p^id  teaLliers. 
teachers   regularly   employed    for   the   full    annual 
term  of  the  district,  not  including  substitute  teachers  or  teachers 
employed    to   fill    vacancies    which    may    occur   during    the    school, 
year  for  which    the  appropriation   was   made ;   the   certificates   of 
the  number  of   teachers   regularly  employed   to  be  made  as  here- 
inafter provided    (u). 

CCI II.      That    one-third    of    the    appropriation    shall    be    dis- 
tributed   on    the   basis   of   the   number   of   children    one-third  on 
of  school   age   between   the   years   of  six   and   six-    number  of  .•hll- 
teen   residing  in   the  respective  districts,   the  enu-    dren  of  school 
merati(  i   and   certificates   to   be   made   as   herein-    *^^- 
after  provided  (v). 

(q)  Act   April   4,    1809,   sec.    1,    P.   L.   p.    31. 

(r)  Act  June  25,   1885,  sec.  1.  P.  L.  p.   176. 

<8)  Act  May  23,   1907,  sec.   1.  P.  L.  p.  222. 

(t)  Act  May  23,   1907,  sec.  2.  P.  L.  p.  222. 

(u)  Act  July  15,  1897,  sec.  1,  P.  L.  p.  271. 

(v)  Act  July  15,  1897,  MC.  8,  P.  L.  P    271. 
7 


88  SCHOOL  LAWS  AND  DECISIONS 

CCIV.      That    the    remainins:    one-third    of    the    appropriation 
One  tliinl    on  shall    be    distributed    on    the    basis    of    the  num- 

iiuiubfr    of    laxa-    ber  of   taxables,   as   returned   by  the   last   biennial 
bies.  assessment:   I'rovided,   That   in   cities  of   the   first 

and  second  classes,  where  no  assessors  are  elected  or  appointed, 
the  saui  one-third  of  the  appropriation  shall  be  distributed  on  the 
^asis  of  the  number  of  taxables,  as  returned  by  otficers  em- 
ployed by  the  Board  of  Education,  in  the  manner  hereafter 
provideu.  which  officers,  so  appointed,  shall  be  required  to  file 
an  aflidavit  for  the  faithful  performance  of  their  duties  (w). 
CCV.  That  on  the  firet  Monday  of  December,  one  thousand 
eijiht  hundred  and  ninety-seven,  and  biennially 
School  boards  thereafter,  the  president  and  secretaryi  of  each 
shall  certify  to  school  board  shall,  under  oath,  certify  to  the 
S'lHT^of  telcii-  county,  city  or  borough  superintendents  of  their 
ers  employed.  respective   counties,    cities    or   boroughs,    the   num- 

ber of  teachers  in  their  employ  as  contemplated 
in  this  act ;  and  on  file  on  the  first  Monday  of  January,  one 
thousand  eight  hundred  and  ninety-eight,  and 
teiinonis"'lMM'i'l  biennially  thereafter,  the  said  county,  city  or 
certify  to  State  borough  superintendent  shall,  under  oath,  make 
Siiperluteiuieut.  return  to  the  Superintendent  of  Public  Instruc- 
Ret  rns        b  *^'*'"   *^°   such   blank  as  he  shall   prepare,  a   tabu- 

maile  umlei-  oath.  J^ted  return  by  districts  of  the  teachers  of  his 
county,  city  or  borough,  and  any  president  or 
secretary  of  a  school  board  or  superintendent  of  a  county,  city 
or  borough,  who  neglects  or  refuses  to  perform  his  duty  within 
Penalty  for  re-  ten  days  of  the  time  designated,  shall  be  sub- 
fusing'  to  comply  ject  to  a  fine  of  not  less  than  twenty-five  nor 
^'t^   '^^^-  more   than   one   hundred   dollars  (x). 

CCVI.  That  it  shall  be  the  duty  of  the  assessors  of  the  several' 
townships,  wards  and  boroughs  in  the  counties 
or"  to  enrotr'^^'  ^^^^  <^'ti^^  °^  this  Commonwealth  to  make  an 
number  of  c'hii-  enrollment,  at  the  assessment,  of  the  total  num- 
dreii  of  sciiooi  ber  of  children  of  school  age,  between  the  ages 
couiponsatlon  of  six  and  sixteen  years,  in  addition  to  the  duties 

required  of  them  under  existing  laws,  for  the  same  compensa- 
tion per  diem  now  allowed  by  law.  The  blanks 
Blanks  shall  be  required  for  this  enumeration  and  enrollment 
Sui'erintVuiu'ru  ^'^'^"  ^^  prepared  according  to  the  form  pre- 
of  ruiiiic  lu-  pared    by,    and    under    the    direction    of,    the    Su- 

structiou.  perintendent     of    I'ublic     Instruction,     who    shall 

cause    the   same    to    be    forwarded    to    the   county 
commissioners    of    the    several    counties,    for    distribution    to    the 

(w)    Act   April  4,   1907,   sec.   "..   P.  L.   p.   41. 
(X)   Act  July  15,  1897,  see.  4    P.  L.  p.  271. 


OF  PENXSYLVANIA.  89 

assessors  at   the  expense  of  the   State:   Provided, 

That    in    cities    of    the    first    and    second    classes,    Proviso. 

where   no   assessors   are   elected    or   appointed,    the   enrollment   of 

children    between    the    ages    of    six    and    sixteen    years    and    the 

enumeration    of    taxables,    for    the    purposes    of    this    act,    shall 

be   made    by   officers    appointed,    and    qualified    as 

aforesaid,  by  the  Board  of  Education,  for  a  com-    p^j^f^.j  ^°  ^^  *P" 

pensation  not  to  exceed  five  dollars  per  diem  (y). 

CCVII.     The  enumeration   and   enrollment   herein   provided   for 
shall  be  made  by  the  assessors  on  the  first  Mon- 
day of  May,  or  as  soon  thereafter  as  practicable    ^^^eu    enumera- 
in  one  thousand  nine  hundred  and  seven,  and  at    ment ^sUair^be " 
the   same   time   biennially    thereafter ;    the   official    made, 
returns   to  be   made   to   the  county  commissioners 
shall  be  filed  by  them  in   the  office  of  the  county    official    returns 
commissioners,   duly   verified   by    oath    or   affirma- 
tion, on  or  before  the  fourth  Saturday  of  June,  one  thousand  nine 
hundred  and  seven,   and   biennially  thereafter.     The  county  com- 
missioners  to   return  a   summary  of   the   same   to 
the    Superintendent    of   Public    Instruction,    ou    or    Jl®*"™^f.  ?°"°' 
before  the  last   Saturday  of  July   next  following:    ers.         i*>sion- 
Provided,   That   in   cities   of   the   first   and   second 
classes,  the  enumeration  and  enrollment  of  school    Proviso, 
children,    herein    provided    for,    shall    be    made    by    officers    ap- 
pointed   and   qualified    as   aforesaid    by    the    Board    of    Education, 
beginning  on   the  first  Monday  of   May,  and   for  a  compensation 
not  exceeding  five  dollars  per  diem,  and  that  the  official   returns 
shall  be  made  to  the  county  commissioners  in  the  manner  herein 
provided  (z). 

CCVIII.    An  assessor  who  shall   refuse  or  neglect  to  make  the 
enumeration,    enrollment    and    official    returns    re- 
quired  by   this   act   shall    pay   a    fine   of   not   less    A^**?',^^'"'?  ^''^ 
than     twenty-five     or     more     than     one     hundred    ^.ompiy^  with  *act 
dollars,    and    shall    be    liable    to     removal    from    siiau  be  subject 
office    upon    complaint    to    the    court    of    common    to  fine, 
pleas   of   the    proper   county,    which    complaint    it    ^^^    removal 
shall    be    the    duty    of    the    county    commissioners    fr^jn  office, 
to  make  in  the  case  of  neglect  or  refusal  of  any 
asse.ssor  to  comply  with  the  provisions  of  this  act  (a). 

CCIX.     The   blanks   for   the   use   of   the   county   commissioners 


(y)   Act  April  4,   1907,   sec.   5.  P.  L.  p.   41. 
(z)    Act  April  4,  1907,  sec.  <i.  P.  L.  p.  42. 
(a)   Act  July  15,  1897,  sec.   7.  P.  L.  p.  272. 


yu  SCHOOL    l,A\VS    AND    DECISIONS 

in  the  preparatiou  of  their  biennial  report  to 
prepared  by  sl-  ^^^  Department  of  Public  Instruction,  contain- 
perintendent  of  ius  a  summary  of  the  returns  made  to  them 
Public  lustnic-  by  tlie  assessors  of  their  respective  districts, 
t'<>°-  shall  be  prepared  by  the  Superintendent  and  for- 

warded  to   the   county   commissioners   of   the   several   counties   for 
the  required  purpose  (b). 

State  Appropriation.     (Note.  ) 

One-third  of  the  money  annually  appropriated  for  common 
schools  in  this  Commonwealth  shall  be  distributed  on  the  basis 
of  the  number  of  paid  teachers  regularly  employed  for  the  full 
annual  term  of  the  district,  not  including  substitute  teachers 
or  teachers  employed  to  fill  vacancies  which  may  occur  during 
the  school  year  for  which  the  appropriation  was  made;  the  cer- 
tificates of  the  number  of  teachers  regularly  employed  to  be  made 
as  hereinafuor  provided. 

That  one-third  of  the  appropriation  shall  be  distributed  on  the 
basis  of  the  number  of  children  of  school  age  between  the  years 
of  six  and  sixteen  residing  in  the  respective  districts,  the  enu- 
mux-ition  and  certificates  to  be  made  as  hereinafter  provided. 

Th.it  the  remaining  one-third  of  the  appropriation  shall  be 
distribt'ted  on  the  basis  of  the  number  of  taxables  as  returned 
by  the  Inst  biennial  assessment. 

The  appropriation  is  paid  by  warrant  of  the  State  Superin- 
tendent, ■  a  the  receipt  at  Department  of  Public  Instruction  of  the 
certificate  of  the  president  and  secretary,  approved  by  tbe  county 
superintendent,  that  the  schools  have  been  kept  open,  "according 
to  law^"' 

Assessment    of    Taxes. 

COX.      That    the    school    directors    or   controllers    of    every    uis- 
trict    shall    annually,    and    by    the    votes    of    not 
amoimt'°of  scbooi    '*^^'^  than  a  majority  of  the  members  of  the  board, 
tax.  determine  the  amount  of  school  tax  which  shall  be 

levied  on  their  district  for  the  ensuiug  school  year, 
which  shall,  together  with  such  additional  sums  as  the  district 
may  be  entitled  to  receive  out  of  the  State  appropriation,  and  from 
other  sources,  be  sufficient  and  necessary  to  keep  the  schools  of  the' 
district  in  operation  not  less  than  four  nor  more  than  ten  months 
in  the  year  (cj. 

(b)  Act  July  15,  1897,  sec.   8,  P.  L.  p.  272. 

(c)  Act  of  May  8.  1854,  Bee.  28,  P.  L.  p.  623.  as  amended  by  Act  April  9, 
1872,  sec.  1,  i*.  L.  p.  46,  and  Ac^  May  19,  1887,  sec.  1,  P.  I>.  p.  139,  and  Act 
of  AprU  4.  18«9.  P.   L.  o.   81. 


OF   PENNSYLVANIA  yi 

128.  A  coutinuous  aunual  term  is  now  obligatory  in  every 
school  district  in  the  State. 

CCXI.      That    the   board    of   directors   or   controllers   shall    an- 
nually   proceed    to    levy    and    apportion    the    said    i^yy  ami  appoi- 
school    tax,    pursuant    to    this   act    (not   exceeding    tion  of  sciiooi 
the   amount    of    State    and    county    taxes    author-    t*^- 
ized  by  law  to  be  assessed),  on   all  objects,   persons  or   property, 
made    taxable   for    State    or    county    purposes,    and    that    all    the 
taxes   levied   and   assessed,   by   the   directors  or  controllers,   with- 
in   each    school    year,    shall    be    contained    in    the    same    dupli- 
cate  (d). 

CCXII.      That    the    organization,    of   each    board    of   school    di- 
rectors,   as    provided    by    the    twelfth    section    of 
the    act    of    the    eighth    of    May.    one    thousand    organize.''* 
eight     hundred     and    fifty-four,     shall     be    within 
ten  days  of  the  first  Monday  of  June  iu  each  year:  And  provided 
further,   That   the  school    tax  for  each   year  shall    ^i,ea   tax  to 
not   be   levied   until   after  such   organization,   and    be  levied, 
before  the  first  of  July  of  each  year  (e). 

129.  The  amount  of  tax  to  be  collected  within  the  current 
school  year  canuot  be  fixed  by  vote  of  the  board,  until  between 
the  date  of  the  regular  organization  thereof  and  the  first  day 
of  July  of  that  school  year.  The  school  tax  for  each  year  is 
to  be  levied  during  the  month  of  June,  and  the  duplicate  should 
be  made  out  and  put  into  the  hands  of  the  collector  as  soon 
thereafter  as  practicable. 

130.  Assessment  after  the  first  day  of  July  is,  however,  legal, 
and  has  been  so  decided.  But  the  better  way  is  to  comply  with 
the  law  literally. 

13±.  The  resolution  fixing  the  amount  and  designating  the 
purnoses  of  the  tax  should  be  in  writing  and  entered  on  the 
minutes. 

132.  School  tax  is  to  be  levied  but  once  a  year;  and  the  build- 
ing tax,  if  any  is  required,  must  be  levied  at  the  same  time  and 
in  the  same  manner  as  the  ordinary  school  tax. 

133.  School  tax  is  appliciible  to  the  payment  of  teachers'  sala- 
ries, school  books  and  supplies,  fuel,  stationery,  for  the  board, 
salary  of  secretary,  and  all  other  ordinary  annua!  expen.ses  neces- 
sary to  keep  the  schools  in  operation.  Also,  when'  there  is  no 
building  tax  or  fund,  occasional  repairs  and  additions  to  furni- 
ture and  apparatus  are  to  be  paid  out  of  the  ordinary  school  tax. 

134.  Debt  from  a  former  year,  for  school  purposes,  should  be 
provided  for  by  an  addition  to  the  ordinary  school  tax  of  the  nexl 
year. 

(d)  Act  May  8,  1854,  sec.  30.  P.  L.  p.  624. 

(e)  Act  April   22,   1863.  «ec.    1.   P.   L.   p.   523 


92  SCHUUl.    LAWS   A.XD    DECISIONS 

135.  The  amount  of  ordinary  school  tax  cannot  be  greater  in 
any  district  (except  by  special  legislation!  than  the  amount  of 
State  and  county  tax  authorized  by  law,  to  be  assessed.  The 
amount  authorized  to  be  levied  at  the  time  of  the  passage  of  the 
law  was  thirteen  mills  on  the  dollar,  ten  mills  for  county  and 
three  mills  for  State  purposes.  The  State  tax  has  since  been  taken 
off  real  estate,  out  this  does  not  affect  the  amount  of  school  tax 
that  can  be  levied,  for  the  reason  that  it  was  the  obvious  intention 
of  the  law  to  fix  that  amount  at  thirteen  mills  on  the  dollar, 
and  thus  avoid  the  perplexing  changes  that  w'ould  otherwise 
cripple  the  financial  management  of  school  afiairs.  This  decision 
has  oeen  sustained  by  the  Supreme  Court. 

CCXIII.  That  the  board  of  directors  or  controllers  in  cities 
or  boroughs  where  the  school  property  is  vested  in  them  agree- 
ably to  the  provisions  of  section  second  may  at  any  time,  not 
Levy  building  oftener  than  once  in  each  school  year,  levy  a 
tax.  special     tax    not    exceeding    the    amount    of    the 

regular  annual  tax  for  such  j-ear,  to  be  applied  solely  to  the 
•  urpose  of  purchasing  or  paying  for  the  ground,  and  the  build- 
ing or  erection  of  school  buildings  thereon,  which  said  tax 
shall  be  levied  and  collected  at  the  same  time,  in  the  same 
manner,  and  with  like  authority  as  the  regular  annual  tax  (f). 
CCXIV.  That  the  board  of  directors  or  controllers  in  cities 
or  boroughs  where  the  school  property  is  vest- 
cUies''and*bor-°  '^'^'  ^°  them  agreeably  to  the  provisions  of  sec- 
ougiis.  tion   second,   may,   at   any   time   not   oftener  than 

once  in  each  school  year,  levy  a  special  tax  not 
exceeding  the  amount  of  the  regular  annvial  tax  for  such  year, 
_,  ^    .  to   be  applied   solely   as  follows:   (a)   for  purchas- 

JrmimiT''etc"'^       ing  grounds ;  (b)  for  erecting  and  furnishing  build- 
ings :   (c)  for  the  accumulation  of  a  fund  for  pur- 
Erectine    build        biasing   grounds    and   erecting   buildings;    (d)    for 
ings.  etc.  ^^''^   payment   of  a   debt   contracted   in   purchasing 

ground  and  erecting  buildings  ;  (e)  for  completing 
improvements  in  school  buildings  contemplated  at  the  time  of  their 
erection  ;  (f)  for  fencing  and  improving  grounds  in  connecton  with 
the  erection  of  buildings ;  (g)  for  the  payment  of  the  expense  of 
f  f  •  ^^®'  used  in  the  heating  of  buildings ;  (h)  for  tlie 
jarator^^tc  payment  of  the  expenses  of  janitors  employed  to 

care  for  school  buildings,  which  said  tax  shall  be 
levied  and  collected  at  the  same  time  in  the  manner  and  with 
like  authority  as  the  regular  tax  (g). 

liJu.     The  proceeds  of  a   tax  levied  for  building  purposes  may 


(f)  Act  May  8,  1854,  sec.  :i'i.  V.  L.  p.  624. 

(g)  Act  May  26,  1897,  sec.  .i:',.  P.  L.  p.  95.  amended. 


OF  PENNSYLVANIA.  93 

be  used:  1.  For  purchasing  ground.  2.  For  erecting  buildings. 
3.  For  the  accumulation  of  a  fund  for  purchasing  ground  and 
erecting  buildings.  4.  For  the  payment  of  a  debt  contracted  in 
purchasing  ground  and  erecting  buildings.  5.  For  completing 
improvements  in  school  buildings  contemplated  at  the  time  of 
their  erection.  G.  For  fencing  and  improving  grounds  in  con- 
nection with  erection  of  buildings.  All  these  matters  are  so 
intimately  connected  with  the  purchase  of  grounds  and  the 
erection  of  buildings  that  they  may  be  considered  a  part  of 
the  same ;  but  school  boards  are  advised  to  confine  their  dis- 
bursements of  the  proceedings  or  the  building  tax  strictly  within 
these  limits. 

137.  When  a  building  tax  is  levied,  the  assessment  made  for 
that  purpose  must  be  voted,  and  calculated  as  a  separate  tax, 
and  placed  in  the  duplicate  as  a  distinct  and  separate  item  from 
the  assessment  made  for  school  purposes.  When  collected,  each 
fund  must  be  applied  to  its  lawful  purpose  according  to  its  propor- 
tional rate. 

138.  A  building  debt  already  incurred  for  the  purchase  of  a 
lot,  or  the  erection  or  repair  of  a  school  house,  may  and  should 
be  paid  by  the  proceeds  of  a  building  tax  or  sum  subsequently 
levied  for  that  purpose. 

131).  An  intended  building  may  be  provided  by  the  levy  of  a 
building  tax  or  sum  one  or  more  years  before  the  building  is 
actually  commenced.  This  mode  is  often  more  advisable,  as  it 
prevents  the  imposition  of  an  onerous  tax  in  one  year. 

140.  When  thirteen  mills  are  levied  for  school  purposes  in  a 
district,  the  same  amount  may  be  levied  for  building  purposes; 
making  in  all  twenty-six  mills  on  the  dollar,  which  is  the  high- 
est tax  that  can  be  legally  levied  in  any  one  year  under  the  pro- 
visions of  the  general  law. 

141.  If  less  than  thirteen  mills  is  levied  in  any  district  for 
school  purposes,  then  the  sum  of  building  cannot  exceed  in  amount 
that  for  school  purposes  that  year. 

CCXV.     That  for  the  puipose  of  enabling  the  board  of  directox's 
or    controllers    to    assess    and    apportion    the    tax 
for   the   ensumg   school    year,    the   coimty   commis-    Commissioners  to 
sionoi-s    shall,    when    required,    furnish    the    presi-    va'iu.'itiou."''^ 
ident   or  secretary   of   the    board    with    a   copy   of 
the   last   adjusted    valuation    or   proper   subjects   and    things   made 
taxable   in   the  same,   for   State  and   county   purposes,    which   said 
property,   subject  and   things   are   hereby  made   taxable   for  school 
purposes,  according  to  the  pi'ovisions  of  this  act  (h). 

142.  It  is  an  official  duty  of  the  commissioners  to  furnish  the 
"last  adjusted  valuation ;"  and  in  case  of  refusal,  the  proper 
court  would  grant  a  writ  of  mandamus,  compelling  them  to  do  so. 

(b)    Act  May  8,  1854,  sec.  .'9.   P.  L.  p.  624. 


94  iSCHOOL   LAWS  AND   DECISIONS 

14o.  Directors  are  not  to  call  on  asesssors  for  a  copy  <if  ibe 
valuation.  It  is  the  exclusive  fluty  of  the  county  commissi r.uers 
to  furnish  it,  and  the  directors  cannot  receive  it  from  oiher 
source,  or  pay  assessors  for  a  copy  thereof. 

144.  It  is  the  duty  of  the  assessor  to  make  the  additional  as- 
sessments required,  and  he  is  to  be  paid  therefor  by  the  county 
commissioners,  and  not  by  the  directors. 

CCXVI.  That  it  shall  be  the  duty  of  the  several  asses.surs  to 
as'^ess  such  persons  as  may  remove  into  the  re- 
of *^May  S  1854  spective  districts  between  the  last  assessment  and 
cited  for  'amend-  the  first  of  May  in  each  year,  or  who  may  have 
mont,  P.  L.  p.  been  omitted  from  the  last  assessment,  and  tu  re- 
^^'i-  turn   their  names,   with   the  amount  of   State  and 

county  tax  payable  by  each,  to  the  board  of  school  directors,  who 
shall  thereupon  assess  the  amount  of  school  tax  payable  by  such 
persons,  which  tax  shall  be  collected  as  in  other  cases,"  shall  be 
amended  to  read  as  follows: 

CCXVII.  That  it  shall  be  the  duty  of  the  several  assessors  to 
Duty  of  assess-  assess  such  persons  as  may  remove  into  the  re- 
o''s-  spective    districts    between    the    last    assessment 

and  the  first  day  of  May  in  each  year,  or  who  may  have 
been  omitted  from  the  last  assessment,  and  to  return  their 
names,  with  the  amount  of  State  and  county  tax  payable  by 
each  to  the  board  of  school  directors,  who  shall  thereupon 
assess  the  amount  of  school  tax  payable  by  such  persons,  which 
tax  shall  be  collected  as  in  other  cases ;  and  for  taking  such  as- 
sessment the  assessor  shall  be  paid  by  the  county 
coimty°  commissioners  the  same  compensation  per  diem  as 

now  allowed  by  law  (i). 

CCXVII.  That  at  the  next  annual  assessment  after  the  erec- 
tion of  any  such  new  common  school  district,  it  shall  be  the 
duty  of  the  county  commissioners  of  the  proper  county  to  cause 
a  separate  assessment  of  the  subject  and 
hi**  new  (ll8'c^^^u  things  liable  to  school  tax  in  each  portion  of 
the  new  district  lying  within  his  proper  town- 
ship, to  be  made  out  by  the  proper  assessor  thereof,  and  to  be 
returned  to  them,  wherefrom,  after  adjustment,  they  shall 
cause  to  be  made  correct  copy  of  the  assessment  thus  obtain- 
ed, in  every  portion  of  the  new  district,  and  shall  fiirnish  the 
same  to  the  secretary  thereof,  in  accordance  with  the  twenty- 
ninth  section  of  the  act  of  which  this  is  a  supplement ;  and  they 
shall,  in  like  manner,  and  at  the  same  time,  cause  to  be  made 
out  and  furnished  to  the  State  Superintendent  of  Common 
Schools,    a   full   list   of  all   the   taxable   inhabitants   of  said   new 

(1)    Act  April  8,  1905.  sec.   3.5.  P.  L.  p.  120. 


Of   PENNSYLVANIA.  yS 

district,  according  to  the  provisions  of  the  forty-ninth  section 
of  the  act  to  which  this  is  a  supplement ;  and  they  shall  pay  out 
of  the  county  funds  to  said  assessors  the  usual  compensation 
for  their  services  enjoined  by  this  section  (j). 

CCXIX.     That  the  assessors  in  each  and  every  township,  where 
any    portion    of    said    township    may    be    included 
within    the    limits    of    an    independent    school    dis-    ^"tl^s  of  asspss- 
trict,    shall    write    on    their    duplicates,    opposite    ^ut  distrieisr 
the    names    of    the    persons    residing    within    said 
independent    district,    the    letters    I.    D.,    for    the    information    of 
the  collector  of  said  tax,  and  the  county  commissioners  (k). 

CCXX.     If  any  assessor,  or  assistant  assessor  shall   knowingly 
and    intentionally    omit,    neglect,    or    refuse    to   as- 
sess   and    return    any    property,    person    or    thing    Npgiigfnt    assess- 
made    taxable    by    law.    or    shall    knowingly    and    "Jhed" 
intentionally    assess,    rate    or    value    the   same,    at 
more    or    less    than    he    shall    know    and    believe    the    just    cash 
value    or    rate    thereof,    or    neglect    or    refuse    to    assess    any    tax 
required   by   law,    he  shall   be  guilty   of  a    misdemeanor   in   office, 
and    on    conviction    thereof,    be    subject    to    imprisonment    not    less 
than   three,   nor   mure   than    twelve   months,   and    to   be   fined    in   a 
sum    not    less    than    one    hundred    nor    more    than    two    hundred 
dollars    (1). 

CCXX  I.  That  the  twenty-ninth  section  of  the  act  to  which  this 
is  a  su)ii)lement  shall  not  be  construed  to  au- 
thorize the  taxation  of  any  objects  or  property  j„"fj(|  valuation 
for  school  purposes,  which  shall  not  be  con- 
tained in  the  copy  of  the  last  adjusted  valuation  of  proper  sub- 
jects and  things  made  taxable  for  State  or  county  purposes, 
furnished  to  the  board  of  directors  or  controllers  by  the  county 
commissioners  (m). 

CCXXII.      That   hereafter   the    tax   imposed    by   section    thirty, 
of    the    act    approved    May    eight,    one    thousand 
eight    hundred    and    fifty-four,    for    the    regulation    Occupation  tax 
and  continuance  of  a  system  of  education  by  com-    tiian"one^doifar. 
mon    schools,    on    trades,    professions,    and   occupa- 
tions, or  on  a  single  freeman,  shall  in  no  case  be  less  than  one  dol- 
lar (n). 

CCXXIII.  That  upon  every  resident  male  taxable,  or  the  age 
of  twenty-one  years,  whose  name  is  found  entered  upon  the 
last  adjusted  valuation,  furnished  according  to  law  to  any  board 
of  directors  or  controllers,  by  the  commissioners  of  the  proper 
county,    as   a   basis   for   the   assessment   of   school    tax,    or   which 

(J)  Act  May  8,  1855.  sec.  7,  p.  L.  p.  ,510. 
<k)  Act  May  8,  1855,  sec.  "i.  P.  L.  p.  50St. 
(I)  Act  May  8,  1841,  sec.  3,  P.  L.  p.  394. 
(b)  Act  May  8,  1855,  •ec.  11.  P.  L.  p.  511. 
fli>    Act  May  21.    1857.   sec.   2.   P.    T-    P    R3? 


96  SCHOOL   LAWS   AND   DECISIONS 

may  be  contained  in  the  additional  assessment  authorized  by 
the  thirty-fifth  section  of  the  act  to  which  this  is  a  further 
sup'>lement.  the  proper  board  of  directors  or  controllers  shall 
assess  the  minimum  occupation  tax  now  allowed  by  law,  to  be 
collected  with  the  other  school  tax  of  the  district  now  payable 
by  such   person   (o). 

CCXXIV.  That  on  and  after  the  passage  of  this  act  it  shall  be 
lawful  for  the  school  directors  or  school  con- 
shaTMevv'^tf'uer  trollers  of  any  city,  borough  or  township,  within 
capita  tax  of  oue  this  Commonwealth,  to  levy  and  collect  annually, 
dollar.  a    per    capita    tax    of    one    dollar    for    school    pur- 

poses from  each  and  every  male  inhabitant  of  the 
age  of  twenty-one  years  and  upwards  Mdthin  their  respective 
districts  (p). 

CCXXV.  The  per  capita  tax  authorized  in  the  first  section  of 
this  act  shall  be  levied  and  collected  at  the 
How  collected.  same  time  and  in  the  same  manner  as  school 
taxes  are  now  levied  and  collected  by  law  (q). 

CCXX\'I.     The  Der  canita  tax  herein  authorized  shall  be  in  lieu 

of    the    occunation    tax    for   school    purposes,    and 

Ten  of'n^'^  ^'^^  '"     ^^^'^^    ^^^    shall    in    no    wise    limit    or    abridge    the 

t'iou  "tax*!^"^'  power  of  school  directors  or  controllers  to  levy  a 

tax    on    real    and    personal    property    for    school 

and  buiding  purposes  (r). 

Note. — It   IS  the  duty  of  directors: 

1.  To  assess  and  levy  taxes  for  school  purposes  upon  real 
estate  and  personal  property  in  the  manner  heretofore  pro- 
vided. 

2.  To  assess  an  occupation  or  per  capita  tax  of  one  dollar 
unon  each  and  every  male  inhabitant  of  the  age  of  twenty-one 
years  and  unwards.  This  per  capita  tax  is  in  lieu  of  the  occu- 
pation tax  levied  under  the  old  law,  and  the  amount  thereof 
cannot  be  exceeded  in  any  case,  no  matter  at  what  sum  the  occu- 
l»ation.  trade  or  profession  may  have  been  valued  by  the  assessor 
for  State  and  cotinty  purposes. 

H.  The  total  assessed  valuation,  including  real  estate  and  pei*- 
sonal  jiroperty,  is  subject  in  all  cases  to  the  I'ate  levied  for  build- 
ing purposes. 

CCXXVII.      That   all   churches,   meeting  houses   or  other   regu- 
lar   places    of    stated    worship,    with    the    grounds 
Cimrciips  and  thereto  annexed   necessary  for   the  occupancy  and 

exempt"     ^^"^"^        enjoyment    of    the    same;    all    burial    grounds    not 
used  or  held  for  private  or  corporate  profits ;  all 

(o)  Act  April   11,  1S62,  sec.  5.  P.   L.  p.  472. 

(p)  Act   .Tuly   22,    1S!)7,    sec.    1.    P.    L.    p.    .305. 

(q)  Act  .Tnly  22,   1897,  sec.  _',  P.  L.  p.   30."i. 

(r)  Act  July  22,  1897.  sec.  .t.  P.  L.  p.  30", 


OF  PENNSYLVANIA.  97 

hospitals.  universitie.s.  colleges,  seminaries,  academies,  associations 
and  institutions  of  learning,  benevolence  or  charity,  with  the 
grounds  thereto  annexed  and  necessary  for  the  occupancy  and 
enjoyment  of  the  same,  founded,  endowed,  and  maintained  by 
public  or  private  charity ;  and  all  school  houses  belonging  to  any 
county,  borough  or  school  district,  with  the  ground  thereto  an- 
nexed and  necessary  to  the  occupancy  and  enjoyment  of  the 
same;  and  all  court  housf-s  and  jails,  with  the  ground  thereto  an- 
nexed, be  and  the  same  are  hereby  exempted  from  all  and  every 
county,  city,  borough,  road,  school  and  poor  tax:  Provided.  That 
all  property,  real  or  personal,  other  than  that  which  is  in  actual 
use  and  occupancy  for  the  purpose  aforesaid,  and  from  which  any 
income  or  revenue  is  derived,  shall  be  subject  to  taxation,  except 
where  exempted  by  law,  for  State  purposes,  and  nothing  herein 
contained  shall  exempt  the  same  therefrom  (s). 

CC-vXVIII.      That    the   qualified    voters   of   every    borough    and 
township    in    the    Commonwealth     of    Pennsylva- 
nia   shall,    on    the    third    Tuesday    of    February    ,'^''1^*  ^^^  ^o'" 
after    the    passage    of    this    act,    and    Iriennially     '^    "'' 
thereaftei',    vote   for  and   elect   one   properly   qualified   person   for 
tax   collector   in   each   of  said   districts,   wh«   shall   serve   for   the 
term  of   three  years,   and  shall   give  a  bond   annually,   to   be  ap- 
proved by  the  court  (t). 

CCXXIX.  The  courts  of  quarter  sessions  shall  have  power  to 
fill,  by  appointment,  all  vacancies  in  the  said 
office,  within  their  respective  counties.  And  if  Vacancies, 
any  person  elected  to  fill  said-  office  shall  fail  to  give  bond 
and  qualify,  as  hereinafter  provided,  on  or  before  the  fourth 
day  of  the  term  of  said  court  next  ensuing  his  election,  the 
said  court  shall  declare  his  office  vacant  and  appoint  a  suitable 
person,  resident  in  the  proper  borough  or  township  to  fill  the 
same  (u). 

CCXXX.     That  if  any  vacancy  shall  taKe  place  in  the  office  of 
tax    collector    after    any    ward,    district,    borough    vacancies  in  of 
or   township    election,    by    reason    of    the   erection    rice  of  tax  coi- 
of    any    new    ward,    district,     township    or    bor-    lector, 
ough.    or   from   the   neglect    or   refusal    of   any   person    elected    to 
perform    the    duties    of    the    office,    or    by    death,    resignation    or 
otherwise,    the    court    of    quarter    sessions    of    the 
proper  county  upon  petition  of  the  town  council    ^o"^*  °^  quarter 
or    any    citizen    who    is    a    resident    of    said    bor-    ZZT""  ''"*"  "" 
ough,  township,  ward,  setting  forth  the  fact  that 


point. 


(8)   Act  May   14,   1S74,   sec.    1     P.   L.   p.    158. 
(t)    Act  June  6,   1893,  sec.    1.   P.  L.   p.   333. 
(u)   Act  June  2.5.  188.T.   sec.   -J.   P.  L.  p.   187, 


»^  SCHOOL    LAWS    AND    ilKCISlONS 

a  vacaucy  does  exist,  shall  appoint  a  suitable  person  to  fill  said 
vacancy  for  the  full  or  unexpired  term  (v). 

CCXXXI.     That  the  office  of  township  tax  collector,  in   town- 

ships  of  the  firat  class,  is  hereby  abolished,  and, 
8hip*'tai  col-''  from  and  after  the  expiration  of  the  re«pective 
lector  aboiisued  term*  of  the  township  tax  collectors  now  in  office, 
the ^fl^T'^T'*  "^      ^''  taxes  inipospd  on  and  accruing  from  persons  and 

property  within  the  respective  townships  of  the 
first  class  m  this  Commonwealth,  including  all  State,  county,  bor- 
ough, township,  school,  and  poor  taxes,  may  hereafter  be  empowered 
to  levy  taxes  within  the  several  townshitis  of  the  first  class  of  this 
Commonwealth,  shall  be  collected  by  the  township  treasurer  of  the 
Township  treas-  respective  townships  of  the  first  class,  who  shall 
uier  to  collect  for  that  purnose  have  all  the  powers,  perform  all 
all  tuxes.  the   duties,   be   subject   to   all   the  obligations  and 

Duties,  obiiga-  responsibilities,  and  receive  the  same  compensa- 
tions, etc.  sation  as  are  now  by  law  vested  in,  confined 
Compensation.  upon,  or  imposed  upon  collectors  of  the  several 
classes  of  taxes  hereinbefore  mentioned,  or  which  such  collectors 
are  now  by  law  authorized  or  empowered  to  have  and  exercise. 
or  are  vested  with,  or  are  made  liable  or  subject  to,  or  are  entitled 
to  receive  (w). 

CCXXXli.     All  laws  or  parts  of  laws,  general,  local  or  special. 

inconsistent  herewith,  be  and  the  same  are 
Repeal.  hereby    repealed ;    it    being    the    purpose    and    in- 

tent of  this  act  that  no  taxes  shall  be  col- 
ten't^of^  act.     °        lected,    in    any    township    of    the    first    class    of 

this  Commonwealth,  save  only  by  the  treasurer 
of  the  said  township  (x). 

CCXXXili.     The  collector  of  taxes  shall  before  he  enters  upon 

the  duties  of  Ins  office,  take  and  subscribe  an 
bond^^and   be  ^^*^    ^^    ^^c^'    ^°'^    ^^^    ^he    same    in    the    office 

sworn.  of    the    court    of    nuarter    sessions    of    the    proper 

count.v,  and  shall  also  enter  into  a  bond  to  the 
Commonwealth,  in  douDie  the  probable  amount  of  the  taxes  that 
will  come  into  his  hands,  with  at  least  two  sufficient  sureties ; 
said  bond  to  be  approved  by  the  said  court  or  a  judge  thereof 
in  vacation,  and  file  in  the  office  of  the  clerk  of  the  said  court ; 
the  condition  of  which  bond  shall  be  that  the  said  collector 
shall  well  and  truly  collect  and  pay  over  or  account  for,  ac- 
cording to  law,  the  whole  amount  of  taxes  charged  and  assessed 
m  !he  duplicate*  which  shall  be  delivered  to  him  (y). 


(v)    Act  July  2,    1895,   sec.    1,   P.    L.   p.   434. 
(w)   Act  May  28,  1907,  see.    1.  P.  T..   p.  273. 
(%)    Act   May  28.    1907,   sec.    V     V     L.   p.   273 
<v)    Act    .TniiP    2."..    1S85.    sec     :(     P     I.     p     187 


\Jl    I-K.NNSVLVANIA  yy 

CCXXXIV.      The    several    county,    borough,    township,    school, 
poor,   and   other  authorities   now   empowered,   and 
wiiich  may  hereafter  be  empowered,  to  levy  taxes    of''"axes"^tn'^1;oT 
within    the    several    boroughs    and    townships    of   lectors. 
this  Commonwealth,   shall,   on   or  before  the  first 
day   of  August   of  each   year   after   the   first  election   of   collector 
of  taxes  under  this  act,  issue  their  respective  duplicates  of  taxes 
assessed  to  the  collector  of  taxes  of  their  respective  boroughs  with 
their  warrant.s  attached,  directing  and  authorizing  him  to  collect 
the  same,  but  road  taxes  may  be  worked  out  as  heretofore  (z). 

CCXXXV.     The  collector  of  taxes  shall  have  all  the  power  for 
the   collection   of   said    taxes,   during   his   term   of 
office,    heretofore    vested    in    collectors    of    county    bimfes. 
taxes  under  existing  laws,  and  be  subject   to  the 
same    iia...iities    and    penalties    for    neglect,    or    violation    of    the 
duties  of  his  oflice   (a). 

CCXXXVI.  The  collector  of  taxes  shall  provide  an  appropriate 
book,  the  cost  of  Vvhich  shall  be  allowed  to 
him  in  the  settlement  of  his  accounts,  in  which  ate^ook*"^''"'*'"'' 
he  shall  eater  in  alphabetical  order  the  names 
of  all  persons  charged  with  taxes  in  the  duplicates  aforesaid, 
and  showing  the  amount  of  such  tax  charged  against  each  per- 
son, which  book  shall  be  at  all  times  open  to  the  inspection 
of  each  taxpayer,  and  shall  be  delivered  by  the  collector  of 
taxes  at  the  expiration  of  his  term  to  his  successor  in  office  (b). 

CCXXXV II.     Where  any  duplicate  of  taxes  assessed  is  issued 
and   delivered    to    the   collector   of   taxes,    it   shall 
be     the    duty    of    said    collector    to    give     public    notfce''""'^'^ 
notice    as    soon    thereafter    as    conveniently    can 
be  done  by  at  least  ten  written  or  printed  notices  to  be  posted  in 
as  many  public  places  in  different  parts  of  the  township  or  bor- 
ough,  that  said  duplicate  has  been   issued  and  delivered   to  him ; 
and   all   persons,   who   shall   within   sixty   days   from   the   date   of 
said    notice    make    payment    of    any    taxes    charged    against    them 
in    said    duplicate,    shall    be   entitled    to  "a    reduction    of    five    per 
centum    from    the    amount    thereof ;    and    all    persons    who    shall 
fail    to    make    payment    of    any    taxes    charged    against    them    in 
said    duplicates    for   six    months    after   notice   given    as   aforesaid, 
shall    be    charged    five    per    centum    additional    on 
the   taxes   charged    against    them,    which    shall   be   f^^^^  p®""  '^eutum 
added   thereto  by  said   collector  of  taxes  and  col- 
lected by  him  (c). 

(z)    Act  June  25,    1885,   sec.  i,  P.  L.   p.    187. 

(a)  Act  June  2r,,   1885,  sec.  r.,  P.  L.   p.   188. 

(b)  Act  June  25,   1885,  sec.  fi.  P.   L.  p.   188 
(Of    Act    Tiiup    25,    1885,    s^o  7.    P    .h.    p      l'^-' 


URi  SCHOOL   LAWS   AND   DECISIONS 

CCXXXVIII.      The   collector   of   taxes   shall,   in   person   or   by 
some    person    duly    authorized,    be    in    attendance 
Special   days.  f^^.    j-ijg    purpose    of    receiving    and    receipting    for 

taxes  on  Thursday,  Friday  and  Saturday  of  each  week,  during 
the  last  two  weeks  of  said  sixty  days,  between  the  hours  of 
two  o'clock  and  six  o'clock  in  the  afternoon,  at  his  residence,  or 
in  some  other  place  in  the  proper  township  or  borough,  to  be  desig- 
nated by  him  in  the  notice  aforesaid  (d). 

CCXXXIX.      The    collector    of    taxes    shall    collect    the    taxes 
charged     in    said     duplicate,    and    pay    over    tne 
Pay  to  treasurer,    same    to    the    respective    treasurers    or   authorities 
entitled    thereto,    after    deducting    his    commission 
for  the  collection   thereof,  which   is  hereby  fixed  at  two  per  cen- 
tum on  all  taxes  paid  to  him  on  which  an  abatement  of  five  per 
centum    is    allowed,    and    at    five    per    centum    on 
lowed"*^^^  -'^^     ^^^^^    afterward     collected:     Provided,     That 

where  the  total  amount  of  taxes  charged  on  a 
duplicate  is  less  than  one  thousand  dollars,  the  said  collector 
shall  receive  three  per  centum  on  all  taxes  paid  to  him  on  which 
an  abatement  of  five  per  centum  is  allowed:  Pi'ovided  further. 
That  all  taxes  collected  within  the  sixty  days,  as  provided  in 
section  eight  of  this  act,  shall  be  paid  over  as  aforesaid  with- 
in fifteen  da.ys  after  the  expiration  of  said  sixty  days,  and  all 
iMxcs  collected  thereafter  during  his  term  of  office 
Duties  of  cc!-  sliall  be  paid  over  as  aforesaid  at  regular  intervals 
''^  "'■  of  one  month,  and  a  full  and  complete  statement 

of  all  taxes  collected  shall  be  made  by  said  tax  collector  with  the 
respective  treasurers  or  authorities  entitled  thereto,  not  later 
than  three  months  after  the  expiration  of  his  term  of  office  (e). 

CCXL.     Exonerations  may  be  made  by  the  au- 
Exonerations.  thorities.     and     in     the    same     manner    as     here- 

tofore (f). 

CCXLI.     The   accounts   of   collectors   of   taxes   shall    be   settled 
by    town^hi))    or    borough    auditors    of   the    proper 
^^UectoTB^  °^  townshi])   or  borough,  and  he  shall  state  a  separate 

*""  ■  account   for   each    different    tax   collected   b.y  him; 

but  collectors  of  county  and  State  taxes  shall  settle  with  the 
county  commissioners  as  heretofore  (g). 

CCXLTI.     Taxes  charged  upon  unseated  lands  shall  not  be  col- 
lected   by    the    collectors    <A    taxes,    but    shall    be 
Unseated  lands.       certified    and    returned    by    the    several    authorities 


(d)  Act  June  2.5,  1885,  sec.  S,  P.  L.  p.  188. 

(e)  Act  June  2.  1891,  sec.  'J,  P.  L.  p.  176. 

(f)  Act  June  25,  1885,  sec.  IJ  P.  L.  p.  189. 

(g)  Act  June  25,  1885,  sec.  11,  P.  L.  p.  189. 


UF  PENNSYLVANIA.  101 

levying  the  same  to  the  county  commissioners,   to  be  collected  as 
heretofore  (h). 

CCXLlli.      That   from   and   after   the   passage   of   this   act,   all 
lauds   acquired    by    the    Commonwealth    for    forest 
reserves,    and    now    exempt    from    taxation,    shall    I'^oi'i'st    reservos. 
be    subject    to    an    annual    charge    of    three    cents    per    acre,    for 
the    benefit    of    the    schools    in    the    respective    district    in    which 
said    reserve    or    reserves    are    located,    and    two 
cents    per    acre,    for    the    benefit    of    the    roads    in    aeainst*^'^^'^^ 
the  townships  where  said   reserve  or   reserves  are 
located    (i). 

CCXLIV.      The   Commissioner  of   Forestry   shall   certify   to  the 
respective  school  districts  and  townships,  through- 
out  the   Commonwealth,    in    which   forest    reserves    Certificate  as  to 
are   located,    the   number   of   acres,    owned    by    the    "tT     "        ""''"'' 
Common^\•eaJth  in  each  district  or  township,  upon 
application  of  the  treasurer  or  road  supervisor  of  any  of  the  said 
districts  or  townships  and  the  charge  against  the  same ;  and  shall, 
turtnermore,  certify   to   the  State  Treasurer  the  number  of  acres, 
as  aforesaid,  and  the  charge  against  the  same  and  in  favor  of  the 
respective  districts  and  townships.    The  State  Treasurer  shall,  upon 
the  approval  of  the  proper  warrants  of  the  Commissioner  of  for- 
estry,   pay    to    the    several    school    districts    and 
townships    the    amounts    due    the    same    from    the    J'?/"Y"J-^.,^^„f 
Commonwealth,  and   derived   under  this  act,   upon    and°%wusiii")s^ 
due   application    therefor   made    by    the    treasurers  ' 

or  road  supervisors  of  the  said  districts  and  townships  (j). 

CCXLV.       So    much     of    all    general     acts     heretofore     passed, 
as    is    inconsistent    herewith,    is    hereby    repealed ; 
but    this    act    shall    not    apply    to    any    taxes,    the    Local  laws. 
collection  of  which   is   regulated   by   local   law   (k). 

CCXLVI.     That  the  tax  collectors  of  the  several   borough  and 
townships    of    this    Commonwealth,    elected     pur- 
suant   to    the    provisions    of   an    act    of   Assembly,    ^"\vi',"i^jp 'Yax  col- 
entitled    "An    act    to    authorize    the    election    of    lectors   siiaii 
tax  collectors  for  the   term  of  three   years  in  the    make  monthly  re- 
several   boroughs  and   townships   of  this  Common-    turns. 
M'ealth."  approved  the  sixth  day  of  June,  Anno  Domini  one  thou- 
sand eight  hundred  and  ninety-three,    and  all  other  tax  collectors 
of    State,    county,     township,     road,    school     and    borough     taxes, 
elected    or    appointed    by    or    under    existing    law,  shall  hereafter 


(h)  Act  June  25,   1885,   sec.   12.   P.  L.  p.   189 

(i)  Act  April   5,   1J)05,   sec.   1.   P.   L.  p.   112. 

(j)  Act  April   5,    1905,   sec.   2.   P.   L.   p.    112. 

(Ij)  Act  June  25,   1885,  sec.  I'a,  P.  L.  p.  189. 


WZ  SUHOUJL  LAWS   Ax\U   DEClSlUJNiS 

To    whom    re-  mai<e    monthly    returns    in    writing   to   the   Beveral 

urns  shall  be  persous  to  whom  the  tax  collector  is  by  law  re- 
"'*'^®'  Quut'd   to  be  paid,  showing  the  amounts  collected 

Contents  of  re-  ^y  them  during  the  preceding  month,  and  the 
t"™^-  amount  of  uncollected  taxes  upon  their  respective 

duolicates,  or  exhibit  the  duplicates  showing  the  said  collected 
taxes,  at   the  close  of  each   month   during   their  respective   terms 

of  office,   and  shall   pay  over   to   the  said   persons 
Shall  pay  the  to   whom   by   law    the   said    taxes   are   made   pay- 

taxes  luonihiy  to  able,  the  amounts  so  collected  by  such  tax  collec- 
less^commissions      ^*^^'^  monthly  less  the  commission  or  fees  to  which 

thej'  are  by  law  entitled  for  the  collection  of  the 
same  (1). 

CCXLVII.  Any  tax  collector  failing  to  com- 
yiolatlon  of  act  ^jy  ^,jji^  ^l^^,  requirements  of  this  act  shall  be 
meauor    ^  '^^^'^^'    guilty    of    a    misdemeanor,    and    upon    conviction 

deemed     guilty     of     a     misdemeanor,     and     upon 
Penalty.  conviction    thereof    shall    be    sentenced     to   pay   a 

fine  not  exceeding  one  hundred  dollars  (m). 

CCXLVIII.    That  if  any  person  shall  neglect  or  refuse  to  make 
Neglect  or  re-  payment  of  the  amount  due  by  him  for  such   tax 

fusal  to  pay  tax.       within  thirty  days  of  the  time  of  demand  so  made, 

it   shall   be   the  duty  of   the  collector  aforesaid   to 
Sale  of  goods.  j^^.y  g^^,]^  amount  by  distress  and  sale  of  the  goods 

and  chattels  of  such  delinquent,  giving  ten  days'  public  notice  of 
such  sale,  by  written  or  printed  advertisement ;  and  in  case  goods 
and  chattels  of  the  owner  of  such  real  estate  cannot  be  found  such 
collector  shall  be  authorized  to  take  the  body  of  such  delinquent  and 

convey  him  to  the  jail  of  the  proper  county,  there 
Imprisonment.  (q  remain   until   the  amount  of  such  tax,   together 

with  the  costs,  shall  be  paid  or  secured  to  be  paid ;  or  until  he 
shall  be  otherwise  discharged  by  law:  Provided,  That  nothing  here- 
in contained  shall  authorize  the  arrest  or  imprisonment  for  non- 
payment of  any  tax,  of  any  female,  or  infant,  or  person  found  by 
inquisition  to  be  of  unsound  mind  (n). 

CCXLIX.  That  in  all  cases  in  which  the  period  of  two  years,  the 

limitation    of    the    warrants    in    the    duplicate    of 
^''^^^-  county,    poor,    city,    township,    ward,    school,    and 

borough  tax  collectors  have  expired,  or  shall  expire  during  the  year 
one  thousand  nine  hundred  and  seven,  by  virtue  of  the  expiration 
of  their  terms  of  office,  and  said  collector  or  collectors  have  or  shall 
become  liable  for  the  amount  of  tax  on  said  duplicates,   without 


(1)  Act  June  9,  1897,  sec.  1,  P.  L.  p.  242. 
(m)  Act  June  9,  1897,  sec.  2,  P.  L.  p.  243. 
(D)    Act  April  15.   1834,   see.   21,   P.   L.   p.   514 


UF   FENNSYLV  AJNIA  IU3 

having  collected   the  same,   the  said  duplicates  and   wai-rauts,   and 
the  powers  and  authority  of  said  tax  collectors,  in  all  such  cases, 
are  hereoy   revived  and  extended  for  another   period   of  one  year 
from    the    passage    of    this    act ;    and    said    collec- 
tor, or   collectors    are    hereby    authorized    and    em-    Duplicates   and 
nowered    to    proceed    and    colU-ct    said    taxes    from    warrants,  and 
all    persons    who    have     not     paid     taxes    assessed    fe"  tors', 'extend-"' 
to    tnem,    residing    in    said    district    within    which    ed   for'  one  year, 
it   may   have   been    assessed,    as    well    as   from   all 
persons    who    may    remove    or    have    removed    from    said    city, 
ward,    toMuship    or    townships,    or    boroughs,    and    have    neglected 
to    pay    taxes    so.    as    aforesaid,    assessed,    with    like    effect    as    if 
said   warrant  had   not   expired    by   the    limitation    of    two   years, 
aforesaid,    or   the    term    of   office   of   said   collector 
had  not  exnired:  Provided,  That  the  provisions  of   Proviso, 
this  act  shall  not  apply  to  warrants  issued  prior  to  the  year  one 
thousand  eight  hundred   and  ninety-two.  and   that  nothing  in  this 
act  shall  release  any  bondsmen  or  security.     Pro- 
vided,  That  this  act  shall  not  apply  to  cities  having    i^roviso. 
special   laws  upon   this  subject:    Provided   further,    provioso. 
j-iiat  no  collector,  nor  the  sureties  thereof,  who  take 
advantage  of  this  act  shall   be   permitted   to  plead   the  statute  of 
limitations  in  any   action  brought   to   recover   the  amount  of  said 
duplicate,  so  extended  and  renewed  (o). 

CCL.  That  hereafter  no  county,  city,  borough,  township  or  school 
tax  levied  or  assessed,  shall  remain  a  lien  on  real    Lien  of  taxes 
estate  for  a   longer  period   than   three  years   from    limited   to   tiirce 
the  first  day  of  dauuar.v,  in  the  year  next  succeed-    ^*:^"y  ^^^^  ^^^^ 
ing  that  in  which   such   taxes  are  due,   unless   the    entered    of    rec- 
same   be   entered    of   record    in    the   prothonotary's    ord. 
office  of  the  proper  county  in  which  such  real  estate  is  situated  ;  and 
no  Hen  so  entered  therefor,   or  for  any  municipal    Lien  of  muulci- 
improvemeut  claim,  shall  remain  a  lien  thereon  for    pai    claim    lim- 
a  longer  period   than  five  years  from   the  date   of    ited  to  five 
such   entry,    unless  the  same  be   revived  and   con-    .vpars,    unless   re- 
tinued  by  a  writ  or  scire  facias  within  said  period,    ^'^^  ' 
and  duly  prosecuted   to  judgment,   as   in   case  of  judgment   liens : 
and  provided   that  no  such   lien  entered   of  record 
prior  to  May  fourth,  one  thousand  eight  hundred    Proviso, 
and   eighty-nine,   shall    remain   a   lien   on    real   estate   for  a   longer 
period  than  three  years  from  the  date  of  the  passage  of  this  amended 
act,  unless  the  same  be  revived  and  continued  by  writ  of  scire  facias 


(o)    Act   May   28.    1907,   sec.    1.    P.   L.   p.   26,H 

8 


104  SCHOUl.    LAWS    AND    DECISIONS 

with  said  period,  and  duly  prosacuted  to  judgment,  as  in  the  case 
of  judgniPiit  liens  (pK 

CCLI.  That    each    and    every   collector   of   school    taxes    in    the 

several  hoi'oughs  and  townships  of  this  Com- 
Scliooi  taxes  iu  iiionwealth,  shall  hereafter,  on  or  before  the  tenth 
towuLiiips?"  '^^y  of  each  and  every  month,  after  receiving  the 

duplicate  containing  a  statement  of  the  school  tax 
to  be  collected  by  him,   delivered  to  the  secretary  of  the  board  of 

school  directors,  from  whom  he  has  received  such 
lectot-^^"*^        *^'''     fhiplicate.   a  statement   in   writing,   signed   by  him. 

showing  the  names  of  all  of  the  persons  from  whom 
Contents  of  jjp  \^f^^  collected  anv  school  taxes  upon  his  dupli- 

statemeut.  cates.    to   and    including   the   last   day   of   the    pre- 

cedingmonth,  the  amount  collected  from  each,  and  the  days  of  such 
collection,  and  also  the  amount  of  the  uncollected  school  taxes, 
upon  tlte  said  duplicate,  and  shall  at  the  same  time,  if  required 
oy  tlie  secretary  or  any  member  of  the  school  board,  exhibit  the 
duplicate,  showing  the  said  uncollected  taxes,  for  examination ;  and 

the  said  tax  collector  shall  pay  over,  on  or  before 
be  paid" the^  ^^^^  ^^'^  t*^"^th  day  of  each  and  every  month  during 

treasurer  on  or  his  term  of  office,  to  the  treasurer  of  the  school 
before  tenth  of  district,  all  taxes  so  collected  by  him  during  the 
each   month.  precerling   month,    less    the   commission    or   fees    to 

which  he  is  by  law  entitled  for  the  collection  of  the  same  (q). 

CCLII.  It  shall  be  the  duty  of  the  board  of  school  directors  and 
Boarrl  of  school  f'^*"  collector  of  the  school  taxes,  in  each  of  the 
directors    and  l)oroughs    and    townships    of    this    Commonwealth, 

collector  shall  to  meet  toaether.  at  the  usual  meeting  place  of 
meet   together  fi,^    said    school    board,    on    the    first    IMonday    of 

""""^  -^^  February    of    each    and    every    year,    and    examine 

the  duplicate  of  the  school  taxes,  which  the  said  collector  is  hereby 
required  to  i)roduce  and  exhibit  to  the  said  board  of  school  direc- 
tors, and  ascertain  the  amount  of  the     taxes  then  uncollected  ;  and 

i1  shall  be  the  dutv  of  every  such  collectoi\»on  or 
Duty  of  coiiee-  \,f,^av9  the  first  Monday  of  June  thereafter,  to  col- 
lect, and  pay  to  the  treasurer  of  the  proper  school 
district,  the  whole  amomit  of  the  balance  of  the  taxes  charged  and 
assessed  in  the  said  duplicate  excepting  such  sums  from  which 
the  said  school  directors,  in  their  discretion,  may  exonerate  him 
(r). 

CLIII.  Any    tax    collector   who   shall    fail    to    pay   over   to    the 


(p)   Act  June  4.    1897.   see.    i.   P.  L.   p.    122. 
(q)    Act  April   21,   1903,   sec.   1,  P.   L.   p.   229. 
(r)    Act  April   21,   1903,   sec.   2    P.   L.  p.   229. 


OF  PENXSYl.VA.MA.  105 

treasurer  of   the  proper  school   district    the    taxes    Faiiuie  of  coi- 
collected    by    him.    according    to    the    provisions    of    '''*-'f"f  to  make 
this  act,  or  who  shall  fail  to  make  and  deliver  to    P^^y^^^nt,   etc. 
the  secretary  of  the  board  of  school  directors  any  of  the  statements 
in  writing  required  by  this  act,  or  who  shall  fail  to  produce  and  ex- 
hibit the  duplicate  of  the  school  taxes  to  the  secretary  of  the  board 
of  school  directors  or  at  a  meeting  of  the  board  of  school  directors, 
as  reauired  by  the  provisions  of  this  act,  shall  be 
guilty     of     a     misdemeanor,     and     on     conviction    -^'i^f'^ieanor. 
thereof  shall  be  sentenced  to  pay  a  fine  not  exceed-    Fine, 
ing  one  hundred  dollars  (s). 

Duties  of  Auditors. 

CCLIV.  That  hereafter  the  auditors  of  the  several  townships  and 
boroughs    within    this    Commonwealth    shall    meet    sett'empnts   'ind 
annually  on  tlio  first  Monday  of  March,  as  to  bor-    iuuiits    of'  ac- 
ough.    township,    and    poor  district   accounts,   and    <ouiUs   of  offi- 
on  the  first  Monday  of  June,  as  to  school  district    towuslf-  '""■'*"^'^''' 
accounts,  and  proceed   to  audit,  settle,  and  adjust  '^^' 

the  accotints  of  the  township  supervisors,  township    Aunual  meeting 
commissioners,  borough  councils  and  other  borough    °^  auditors, 
ofiicers,  school  directors,  directors  and  overseers  of  the  poor,  and 
the  tax  collectors  and  treasurers  of  townships,  boroughs,  poor  dis- 
tricts, and  school  districts  ;  and  any  officer  whose 
act  or  neglect  shall  have  contributed  to  the  pecuni-    Official  neglect, 
ary   loss    of  the  municipality  or  district  shall   be  charged   by  the 
auditors  with  the  amount  of  such  loss;  and  for  his 
services  each  auditor  shall  receive  two  dollars  per   A"^iitor.s'  coinpen 
diem    for    each    day    necessarily    employed    in    the 
duties  of  his  office,  to  be  paid  in  each  instance  by  the  several  bor- 
oughs, townships,  poor  districts,  or  school  districts  in  the  auditing 
Oi.  tne  accounts  of  the  officers  of  which  the  auditors'  services  shall 
be  rendered  (t). 

CCLV.  That  the  said  auditors  shall  complete  such  audit,  settle- 
ment, and  adjustment  within  as  short  a  time  as  possible  after  the 
several  times  when  they  are  required  to  meet  in  each  year;  and 
within    ten    days    tnereafter    publish,    by    posting 
printed  handbills  in  at  least  five  public' places  in    l^ubljcation  of 
their  respective  townships  or  districts,  an  itemized    '*^™'^'''^  report, 
report  or  statement  of  the  receipts  and  expenditures  of  the  said 
several  officers  for  the  preceding  fiscal  year ;   and 
also,  within  said  period  of  ten  days,  file  a  copy  of    ^""ing  of  report. 

(s)    Act   April   21.    1903,   sec.    3,    P.   L.   p.    229. 
(t)    Act  May  3,   1909,   sec.   1,  P.   L.   p.  392. 


iUtf  8CHOUL    LAWS    A.\D    DECISIONS 

the  same  with  the  town  clerk  in  their  respective  districts,  and 
also  with  the  clerk  of  the  court  of  quarter  sessions  of  the  proper 
county,  which  shall  be  at  all  times  subject  to  inspection  by  any 
citizen  thereof:  Provided,  That  when  any  two  of 
Proviso.  gai(j  offices  shall  be  exercised  by  the  same  person. 

Proviso.  o'lly  one  statement  shall  be  required:  Also  provided, 

That  nothing  in  this  act  shall  be  construed  to  in- 
terfere with  any  present  law,  which  requires  annual  statements 
of  the  receipts  and  expenditures  of  the  borough  councils,  super- 
visors, overseers  of  the  poor,  and  school  directors 
Artvertiseinent.  j.^  j^g  advertised  in  the  daily  and  weekly  newspa- 
pers publshed  in  the  respective  localities  (u). 

CCLVI.  That  it  shall  be  lawful  for  the  township,  borough,  poor 
district,  or  school  district,  or  any  taxpayer  thereof  on  its  behalf, 
or    the    officer    or    officers    accounting',    to    appeal 
tiement      °^  ^^^'    ^^^'^  ^^^^  settlement  by  the  auditors  to  the  court  of 
common  pleas  of  the  proper  county,  within  thirty 
days  after  his  report  of  such  settlement  shall  have  been  filed  in 
the  office  of  the  clerk  of  the  court  of  quarter  sessions ;  whereupon 
the   court   may   direct   an   issue   to   determine   dis- 
Issue  directed.         puted    questions    of    fact    between    the    officers    ac- 
counting and   the  township,  borough,   poor  district,  or  school  dis- 
trict: Provided.  That  no  appeal  by  such  taxpayer 
Proviso.  Qj.  officers  shall   be   received   unless   the   appellant 

Recognlziince.  shall  enter  into  a  recognizance,  with  one  or  more 

sufficient  sureties,  conditioned  to  prosecute  the 
anneal  with  effect,  and  to  pay  all  costs  accruing  thereupon  in  case, 
if  the  appellant  be  a  taxpaj'er,  he  may  fail  to  obtain  a  final  decision 
more  favorable  to  the  borough,  township,  poor  district,  or  school 
district  than  that  awarded  by  the  auditors ;  or,  in  case,  if  the 
appellant  be  an  accounting  officer  or  officers,  lie  or  they  shall  fail 
to  obtain  a  final  decision  more  favorable  to  the  officei'  or  officers 
than  that  awarded  by  the  auditors  (v). 

CCLVI  I.  That  hereafter  in  all  cases  pending  and  undetermined 
in  any  court  of  common  pleas  in   this  Commonwealth,  which  are 
appeals   from   settlements   or   reports   made   by   borough   or  town- 
ship auditors,  it  shall   be  lawful  for  any  party  to 
Exceptions.  except  to  any  ruling  or  decision  of  the  court  upon 

any  question  or  point  of  law  that  may  arise,  and 
Appeals.  gjj  appeal  may  be  taken  therefrom  to  the  superior 

Proviso.  or  supreme  court:  Provided,  That  such  exceptions 

and  appeals  shall  be  governed  and  regulated  by 
the  law  now  in  force  regulating  exceptions  and  appeals  to  the 
supreme  and  superior  courts  in  civil  cases  (w). 

(u)  Act  May  3,  1909,  sec.  2,  P.  L.  p.  392. 
(v)  Act  May  3,  1909,  sec.  3,  P  L.  p.  393. 
^w)    Act  May  3,    1909,   sec.   4,   p.   L.   p.   393 


OK    l'ENNSVI-\  AM  A  107 

CCIAlll.  Timt    tbe    auditors    shall    cancel    all    OanceUatiou  of 
orders    and    voucLers    presented    to    them,    which    ^^^^'''^  a"'*  '«»ucb- 
they  shall  find  tc  have  been  paid,   by  writing  the 
word  "paid"'  on  the  face  thereof  (x). 

CCLIX.  In   case   of   any   neglect   or   refusal    to    Non-compiiauce 
comply  with  the  provisions  of  this  act,   tbe  audi-    with  prorision« 
tors  so  neglecting  or  refusing  shall  pay  a  penalty    ^^  *''"'   ^'^'^• 
of   one    hundred    dollars;    to    be    recovered    in    the 
same  manner  as  debts  of  like  amount  are,  by  the    i>enaity. 
law.  recoverable,  by  suit  instituted  in  the  name  of 
the  township,   borough,   poor  district,   or  school  district,   upon   the 
complaint    of    any    taxpayer    of    the    same ;     and    the    proceeds 
thereof    to    be    paid    into    the    treasury    of    the    respective    town- 
ship, borough,  poor  district,  or  school  district  (y). 

CCLX.     That   all   acts   or   parts   of   acts   incon- 
sistent   herewith    or   supplied    hereby    are    hereby    Repeal, 
expressly  repealed   (z). 

CCLXI.  That  on  and  after  the  passage  of  this  act,  there  shall 
i)e   elected   in   each   independent  school   district  of 
this   Commouwealth,   three  auditors,   one   to  serve    ^fjpea^ent  'dis'" 
for    one    year,    one    for    two    years,    and    one    for    tricts. 
three  years,  and  annually  thereafter  one  each  year 
to   serve   for   the   term   of   three   years,    to   audit   and    adjust    the 
several  school   accounts  of  said  district  (a). 

CCLXI  I.     That   the   auditors  in  said  independent  school  district 
shall    be    qualified    and    shall    perform    the    duties 
as    township    and    borough    auditors    are    now    re-    f^'ia"  be  sworn, 
quired  by  law  to  do  (b). 

CCLXIII.  That    from    and    after   the    passage    of    this    act    the 
compensation   of  each   independent   school    district 
auditor  shall  be  two  dollars  per  diem  for  each  day    |n"™£endenV°<ii8" 
necessarily   employed    in    the   duties    of   his    office,    tricts. 
which    shall    be   paid    out    of   the   school    fund    of 
said  district  (c). 

145.  Two  settlements  of  the  district  accounts  are  evidently  in- 
tended to  be  made  annually ;  one  by  the  board,  of  the  accounts 
of  the  treasurer,  and  the  other  by  the  district  auditors,  of  the 
accounts  of  the  treasurer  and  tax  collector. 

14G.  The  auditors  are  to  charge  the  treasurer  with  the  amount 
received  by  him.  according  to  his  own  statement,  and  are  then 
to  allow  every  voucher  produced  by  him,  which  on  its  face  appears 

<x)  Act  May  8,  1909.  sec.  5,  P.  L.  p.  894. 
(y)  Act  May  5,  1909,  sec.  «,  P.  L.  p.  394. 
(z)  Act  ^ray  3,  1909,  see.  7,  P.  L.  p.  394. 
fa)  Act  May  10,  1893,  sec.  1.  P.  L.  p.  41. 
(b)  Act  May  10,  1893,  gee.  2,  P.  L.  p.  41 
<r)    Act   May   10.    1893.   sec.    3.    P,    T.    ii     41 


108  SCHOOL    1-A\VS   AND   DECISIONS 

to  be  for  a  legal  object  within  tbe  jurisdiction  and  control  of  the 
board. 

i47.  The  auditors  have  no  authority  to  control  the  board  in  the 
expenditure  of  the  district  funds  so  Ion?  as  confined  to  legitimate 
ol)jects,  except,  perhaps,  in  cases  in  which  the  i)rices  paid  are  so 
enormous  as  to  show  by  their  amount  that  they  are  fraudulent. 

Cities   of   the   Third   Class. 
CCLXIV.    Each  of  said  cities  of  the  third  class  shall  constitute 

one  school  district,   to  be  termed  the  • 

third  class  "one        school  district,  imd   all   the  property   therein   shall 
district."      "  "^  tue  common  property  of  said  district:   and   the 

members  of  the  board  of  school  controllers  for  ihe 
time  being  shall  have  power  to  levy  and  collect  taxes,  and  the  same 

rights  and  poweis  in  relation  to  real  and  per- 
ii-oHers         ^'^^       sonal  property  as  is  ntnv  by  law  conferred  upon  the 

school  directors  of  the  se\eral  districts  of  this 
Commonwealth,  and  they  shall  govern  and  manage  the  public 
schools  in  the  manner  now  provided  by  law  for  the  mainte- 
nance of  a  system  of  education  by  common  schools;  the  quali- 
fied voters  of  each  ward  of  each  of  said  cities  on  the  third 
Tuesday     in     February    next    succeeding    the    issuine:     of     letters 

patent  to  said  city,  elect  two  members  of  the 
mfuers"  *^°°"    "^^^^'^^    of    schodl    controllers    of    said    district,    on^' 

to  serve  for  the  period  of  two  years,  and  one 
Term.  to   serve  for  the   period   of  four  years,   and   every 

two   years    thereafter   the   qualified    voters   of   each    of  said    wards 
shall   elect   one  person   to   serve   for  the   term   of  four  years :   and 

all  vacancies  which  may  happen  in  the  said  board 
Vacancies.  gg  hereby  constituted  shall  be  filled  in  the  manner 

as   is   now   provided   by   law   for   vacancies    in   school    boards;    the 

said  board  of  controllers  shall  annually  on  the 
Organization  of  Tuesdav  succeeding-  tho  municipal  election,  meet 
board.  ^  ■      ■        ,  ,         •  •  i      i  i 

and  organize  by  chdosaig  a  presulent  and  secre- 
tary,   who   shall    be    members    of    the   l)oard ;    and    in    case   of   any 

vacancy  in  any  of  said  offices  by  death,  or  resigna- 
Vacancies.  t5,m  or  otherwise,  such  vacancy  shall  be  forthwith 

filled  by  said  board  of  control  for  the  remainder  of  the  school  year; 
the  secretary  to  receive  such  salary  as  the  board  may  determine: 

Provided,  That  in  all  cases  where  two  members  of 
Where  two  are  ^j^jfj  board  are  required  to  be  elected  to  serve  for 
chosen  for  same      ^^^^    ^^^^^     ^^^^     ^^^^,,     ^^    ^^j^j     qualified    voters 

shall  vote  for  one  person  as  a  member  of  said 
board  of  school  controllers  for  said  term,  and  the  two  persons 
having  the  uigliest  number  of  votes  shall  be  declared  to  be 
"lected  :    and    when    a    \  acaucy    or    vacancies    shall    occur    in   the 


OF  PENAcSYLVANIA.  109 

office     of     school     controller,     by     death,     resigna- 
tion or  in  any  other  manner  than  by  the  expira-    Unexpired   terms, 
tion   of  the   term   for   which   any   school   controller 
shall    be   elected,   so    that   more    than    two   school    controllers   must 
be  elected  at  the  succeeding  municipal  election  in  any  ward  of  said 
city,    the   qualified    voters    of   such    ward,    in    addition    to    the    one 
school   controller   to   be   voted   for   by   each    elector   to   serve   four 
years,    shall    vote    for   one    person    to    fill    each    of 
such    unexpired    terms    by    designating    upon    the    };"||.'^  shairvote*^' 
ticket  to  be  voted  the  number  of  years  for  which 
such  school  controller     is  elected,   and  each   elector  shall   vote  for 
but  one  person    to  fill   such   unexpired   term;   au<l   if  there  be  two 
vacancies  for  the  sanip  term,  then   the  two  candidates  having  the 
highest   number   of   votes   shall    be   declared    elected  ;    and    if   there 
should  be  but  one  vacancy  for  any  unexpired  term,  then  the  candi- 
dates having  the  highest  number  of  votfs  for  said   term  shall   be 
declared    elected:    Provided    further.    That   in   said   cities   of  fifteen 
wards   or  more,    each    ward   shall   elect    but   one   controller;    those 
elected  from  even  numbered  wards  at  said  first  election  to  serve  for 
two  years,   and   those  from   odd   numbered    wards   for  four  years; 
thereafter.  e\'ery  two  years,  alternately,   they  shall  elect  one  each 
to  serve  for  four  years:   Provided  further.  That  none  of  the  pro- 
visions of  this  act  shall  be  applicable  to  the  election  of  directors  or 
controllers  of  the  public  schools,  to  the  organization  of  the  school 
boards,  to  the  election  of  school  treasurer  or  of  any  other  officer  of 
said   board,  to  the  receiving  and  collection  of  school   taxes  in  any 
city   of   the    third    class    constituting   one   school    district ;    but    the 
said   district   shall    be   governed    by    laws   heretofore   enacted,    ap- 
plicable  to   the   same,    if   the   acceptance   of   this   act,    required   by 
the    fifty-seventh    section    hereof,    shall    be   accompanied    by   a   cer- 
tificate from  the  school  district,  signed  by  the  proper  officers  thereof, 
expressing  its  desire   to   retain    the   laws  governing  it  independent 
of  this  statute,  otherwise  this  act  shall  govern  the 
same:    And    provided    further.    That    it    shall    be    Districts  may 
lawful    for    such    board,    in    its    discretion,    by    a    ''''*'"°  "''^  "''^''• 
vote   of    its    members    as    aforesaid,    from    time    to 
time,   to  accept  any  of  the  provisions  of   this  act    Boards  may  de- 
regulating school   matters,   and   after  such   accept-    ^f^*!  P.'"°^'*'"°^ 
ance.  duly  recorded  on  the  minutes  of  said  board,  "'^  ^^ 

said  provisions  so  accepted  shall  be  the  law  of  such  district"  (d). 
CCLXV.    The  city  treasurer  shall,  ex-officio,  be  school  treasurer, 
and   before  entering  upon   the  duties  of  his  office, 
shall  give  bond  to  the  school  directors,  conditioned    S''"!"  e'^e  baud, 
for    the   faithrul    performance    of   his   duties    in    such    amount    as 
the   board   shall   direct,   and   wdth    such    sureties   as   by   them   ap- 


fd)   Act  June  16.  1891,  sec.  1.  P.  L.  p.  306. 


11"  SCHOOL    l.AVViS    AND    DKCliSJUNS 

proved  ;  and  shall  also  before  he  enters  upon  his  office,  take  and 
subscribe  an  oath  or  aflinnation  of  like  nature  as  is  hereinbefore 
prescribed  for  the  city  treasurer  (e). 

CCLXVI.  That    the   annual    assessments    of   school    taxes   shall 

be  completed  on  or  before  the  first  day  of  June, 
collection"  0/°*^  '°  each  and  every  year ;  and,  upon  the  duplicate  or 
school  taxe^.  duplicates   having   been   made,   as   directed   by   the 

said  hoard  of  school  controllers  the  same  shall  be 
placed  in  the  possession  of  the  treasurer,  who  shall  collect  and  re- 
ceive said  taxes  in  the  maner  hereinbefore  provided  for  the  collec- 
tion of  city  taxes ;  and  the  said  scliool  taxes,  unpaid  after  the  first 
day  of  August  and  the  first  day  of  October,  in  each  and  every 
year,  shall  have  the  same  additional  sum  per  centum  added  thereto 
as  is  hereinbefore  provided  in  the  case  of  unpaid  city  taxes,  after 
the  first  d.iy  of  October,  in  each  and  every  year;  said  duplicates 
shall  be  placed  in  the  hands  of  collectors,  to  be  appointed  as  directed 
in  section  thirty-eight  of  this  act;  the  said  taxes  shall  be  applied 
How  to  be  ap-  oujy  to  the  purposes  of  the  said  school  district, 
piled  and  dis  and    be    disbursed    only    on    the    warrant    of    the 

''u''^^'^-  president    and    secretary    of    the    boarii    of    school 

controllers  countersigned  by  the  city  controllers   (f). 

DCLXVII.  That  for  the  purpose  of  creating  a  sinking  fund  for 

the  gradual  extinguishment  of  the  bonds  and 
Sinking   fund.  funded    debt   of   the    respective    school    districts   in 

the  cities  of  this  Commonwealth,  the  school  controllers  of  each 
thereof  shall,  annually  (until  payment  of  the  bonds  and  fund- 
ed debt  be  fully  provided  for),  levy  and  collect  a  tax  of  not 
less  than  one  mill  and  not  exceeding  three  mills,  upon  the 
assessed  value  of  the  taxable  property  of  each  of  said  cities, 
which  shall  oe  paid  into  the  school  treasury,  and  shall  be  ap- 
plied towards  the  extinguishment  of  said  bonds  and  funded 
debt,  in  order  of  priority  of  the  date  of  its  issue,  and  to  no  other 
purpose  whatever:   Provided,   That   the   whole   tax   of  such   school 

district,  for  any  one  year  shall  not  exceed  the 
Tax  limited.  entire    rate   now   allowed    by   law   for   school   and 

ouilding  purposes  (g). 

CCI>XVIII.  That  for  the  purpose  of  legislation,  regulating  their 

municipal  affairs,  the  exercise  of  certain  corpor- 
ciasses.  *"*"        ^^^     powers   and    having   respect    to    the     number. 

character,  power  and  duties  of  certain  officers 
thereof,  the  cities  now  in  existence,  and  those  hereafter  created 
in  this  Commonwealth,  shall  be  divided  into  three  classes. 

Those  containing  a  population  of  one  million  or 
First  ciaas.  Q^gj.  shall  constitute  the  first  class. 

(e)  Act  May  23.   1874.  sec.  41.  P.   L.   p.  256. 

(f)  Act   May  23,   1874,  sec.   43.   P.   L.   p.   256 

<g\    Art   May   23.    1874.    soc     -M.    P     I.,    p.    2r>P> 


UF    PKJNNSil^VAMA.  IIJ 

Those   containing   a    ijopulation   of   one   hundred    thousand   and 

under    one    million    shall    constitute     the     second 

„i„j,g  Second  class. 

Those  containing   a  population   under  one  hun-    Third  class 
dred   thousand,  shall  constitute   the  third  class. 

CLAUSE  2.  The  classification  of  said    cities    respectively    shall 
be    ascertained    and    fixed    by    reference    to    their 
population      according-      to      the      last      preceding    =i,aif  be*«scer- 
United     States    census,     and     whenever    it    shall    tainoj  by  last 
appear    bj'    any    such    census    that    any    city    of    census. 
the  second   or  third   class  has  attained  a  popula- 
tion   entitling    it    to    an    advance    in    classification    Population  reces 
as  herein    prescribed,    it    shall    be    the    duty    of    saiy  to  cha'ige. 
the     Governor,     under     the     great     seal     of     this    classification. 
Commonwealth,      to     certify      the     fact      accord-  f  tue  Gov- 

ingly,     which     certificate     shall     be     entered     at    ernor  to  certify, 
large   upon   the   minutes   of   the   councils   of   such 
city,    and    recorded    in    the   oSice   for   recording   the   deeds   of   the 
nroper  county. 

At   the   municipal   election   occurring   not   less   than   one   month 
after     the    date    of    such    certificate,    the     proper 

ofiieers    shall    be    elected    to    which    the   .said    city    Ef?"??ii?„  ^1„„ 
•11    1  i-i.1    J  1         ii  1-  £      1  lieul     within     one 

Will  become  entitled  under  the  change  of  class-  nionth  from  date 
ification,  and  upon  the  first  Monday  of  April  of  certificate, 
next  ensuing,  the  terms  of  all  officers  of  said 
city  then  in  office  whose  ofiices  are  super-  Terms  of  officers, 
seded  by  reason  thereof  shall  cease  and  determine,  and  the  city 
government  shall  be  duly  organized,  and  shall  thereafter  be 
controlled  and  regulated  by  the  laws  of  the  Commonwealth 
applicable  to  the  same  under  the  classification  hereby  fixed  and 
apnointed  (h). 

CCiiXIX.  That    the    several    city    treasurers,    hereafter    elected 
in  cities  of  the  third  class  of  this  Commonwealth,    pjjy  treasurer  to 
by  virtue  of  their  office  shall  be  the  collectors  of   collect   city^ 
all  the  city,  school  and  poor  taxes,  assessed  or  levied   school  and  {.cor 
in   their   respective   cities,    and   shall   perform    the    ^'>-^^^- 
duties   and   be   subject   to    the   hereinafter   provisions    of   this   act 
(i). 

CCLXX.  That  in  cities  of  the  third  class  where  the  school  dis- 
trict comprises  the  same  territory  as  the  city,  the    „ 
taxes   for   school    and    building   purposes   shall    be   be"^pvitd''*   " 
levied  on  the  assessment  made  for  city  purposes. 


(h)   Act  June  25,    1895,   sec.   i\   P.   L.   p.   27*? 
(I)    Act  .Tune  20,   1901.  P.   r>.   p.   578 


112  SCHOOL    LAWS   AM*    DECISIONS 

Section  2.  The  city  clerk  or  other  competent  person  authorized 
.  by    city    council    shall    make    for    the   use   of    the 

clerk  '  school    board,    a    true   copy   of   the   completed   as- 

sessment, and  shall  duly  certify  the  same  to 
the  said  board. 

Section   3.  All    acts   or   parts   of   acts   inconsis- 
'^*'f"-'^'-  tent  herewith   are  hereby  repealed  (j). 

C(;lXXL  That   in   every   city   of   the   second   class   the  central 
.  .  board    of    education,    and    in    every    city    of    the 

amrudrcrciass  ''"'^^  ^l''^«»  ^1^^  '^oard  of  school  controllers,  and 
boroiigbs,  H.'ii"'  '  in  every  boronsh  and  township  of  the  first 
townships  of  the  class  the  boai'd  of  school  directors,  shall  have 
first  class.  power    to    establish    and    maintain    one    or    more 

Mechanic  arts  schools     for     the     instruction     of     pupils     in     the 

schools.  useful    branches    of    the    mechanic    arts,    athletics 

Athletics.  ^^^^    kindred    subjects,    to    provide    the    necessary 

buildings,  mactimery,  apparatus  and  materials, 
and  to  employ  teachers  and  instructors  therefor  (k). 

CCLXXII.  That  whenever  an  application  shall  be  made  to  the 

school  directors  of  any  school  district  of  this  Com- 

afluUs     incUidin"    ^lon^vealth.    requesting   the   said   board    to   provide 

foreigners.  "    means    for    the    instruction    of    any    colony,    camp, 

or  settlement  of  adults,   including  foreisners,   who 

may   reside  temporarily  or  permanently   within   the  boundaries   of 

r      h    1         *^^'^^  school  district,  it  shall  be  the  duty  of  the  said 

boanJ       ^*^°*""         board   to  arrange  a  suitable  and  convenient  place 

wherein  any  such   persons  desiring:  to  attend  may 

be  instructed  in   the  several   branches  now  taught  in  the  common 

schools  of  this  Commonwealth  (1). 

CCLXXIII.  The  application   or  petition   shall   be  signed   by  at 
least   twenty  persons  of  said  school  district,   who 
Application.  j^j^y  either  be  taxable  residents  of  said  district,  or 

Proviso.  aliens   desiring   such    tuition:    Provided.    That   any 

alien  so  signing,  must  accompany  his  request  by 
the  .statement  that  he  desires  to  aA'ail  himself  of  the  said  instruction 
(m). 

CCLXXn'.  The  said  school  may  be  discontinued,  at  any  time, 
at   the  discretion   of  the  said   school   board,   when- 
Attpndance.  gygj,  |-j^g  average  daily   attendance   for  any  month 

is  less  than  fifteen  (n). 

CCLXXV.  It  shall  be  in  the  discretion  of  the  school  board  to 


(.1)   Act  May  25.   1897.  P.   L.  p.   85. 
(k)    Act   March   24,    1905.   sec.    1.   P.   L.   p.   52. 
(1)    Act  April   15,   1907.  sec.   1.  P.  L.   p.   69. 
(m)    Act  April   15,   1907,  sec.   2.  P.  L.  p.   69. 
(n)    Act  April   15,    1907,    .sec.   3,   P.   L.    p.   69. 


OF  PENNSYLVANIA.  113 

use  any   one   or  more  of   the   schoolhouses  estali- 

lished  for  the  ordinary  and  usual  school  purposes,    Sciiofihouses. 

or  to  erect  or  provide  such  suitable  building  or  buildings,  portahh' 

or  permanent,   as   may   be   necessary   (o). 

CCLXXV'I.  That,  upon   receipt  of  such  application  or  petition, 
the  school  board  shall  at  once  proceed  to  provide 
a  suitable  location  for  such  school,  hire  the  neces-    EstiiiiUsiiuiPiiT    of 
sary  teachers,  and  make  all  needful  expense  to  open    ^^  "^"  ' 
and  continue  said  school:  Provided,  That  any  two    p,.^,^;;,^, 
or  more  school  districts  may  unite  in  the  establish- 
ment,  support,   and   maintenance   of  said   schools:    proviso 
Provided,  however.  That  the  establishing  and  main- 
taining of  such  schools  shall  be  optional  with  the  school  boards  of 
the  several   districts,   except   such   years  as  a   State  appropriation 
is  made  for  this  purpose  (p). 

CCLXXVII.  The  school  board  may  prescribe  the  hours  at  whch 
the  schoolhouse  may  be  open  for  instruction,  which 
shall  be  between  the  hours  of  nine  o'clock  in  the    ^^ciioo'    boars, 
forenon  and  nine  o'clock  in  the  evening  (q). 

CCLXXVIII.  The    instruction    in    said    school    shall    be    in    thn 
English  language,  except  when  nece^ssary  to  trans-    lustructlon 
late   the   same   into   the   original    language   of   the 
scholars:   Provided,   That  no  sectarian   instruction    Proviso, 
shall  be  allowed  (r). 

SUPERINTENDENTS  OF  SCHOOLS. 


State  Suoerintendent  of  Public  Instruction. 

CCLXXIX.  That    from   and   after   the  first   Monday   in    June. 
.ci.nno    Domini    one    thousand    eight    hundred    and 
fifty-seven,    the    Department    of    Common    Schools    aopanments'^^'sep! 
shall     be     detached     and     remain     separate     from    grated, 
the    office    of     the     Secretary     of     the     Common- 
wealth,  and  a  superintendent  of  common  schools    SnperintendPiu 
shall   be  appointed   by   the   Governor,   every   third    ^^  ^^  appo'nted. 
year,  by  and  with  the  advice  and  consent  of  the  Senate,  and  shall 


(o)    Act  April  15,   1907,  sec.  4,   P.  L.   p.   69. 
(p)    Act  April   15,   1907.  sec.  5.   P.   L.  p.   69. 
(q)    Act   April   15,   1907,   sec.   6,   P.   L.   p.   69. 
(r)    Act  April     15.   1907.  sec.   7,   l».  L.  p.   69. 


114  SCHOOL    LAWS   AND   DECISIONS 

hold  flis  office  from  the  first  Monday  of  June,  for  and  during  the 
term  of  three  years  if  he  shall  so  long  behave  himself  well ;  and 
he  shall  be  liable  to  be  removed  from  offica  by  the  Governor  for 

misbehavior  or  misconduct  at  any  time  during  his 
Vacancies.  term ;    and   any   vacancy    that    may   occur   in    said 

office  of  superintendent  shall  be  supplied  by  a  new 
appointment    for    the    unexpired    term    of   the    former   incumbent: 

Provided.  That  in  the  event  of  any  such  removal, 
Proviso.  j.jjg   Governor  shall   at   the   time   communicate  his 

reasons  therefor  in  writing  to  the  superintendent  so  displaced,  and 
also  to  the  Senate,  if  in  session,  and  if  not  within  ten  days  after 
the  next  meeting  (s). 

148.  Section  8  of  Article  IV,  Constitution  of  1873,  changes  the 
title  "Superintendent  of  Common  Schools"  to  "Superintendent 
of  Public  Instruction,"  and  makes  his  term  of  office  four  years. 
The  Superintendent  of  Public  Instruction  is  appointed  by  the 
Governor,  with  the  advice  and  consent  of  two-thirds  of  all  the 
members  of  the  Senate. 

COLXXX.  That   the    Superintendent   of   Common    Schools,   and 

his    successors    in     office,     appointed     under    this 

uutios   and   row-    ^^^^  gj^^jj  fu^.^igii  ^tig  game  security,   exercise  the 

same  functions  and  be  charged  with  the  same 
duties  and  responsibilities  that  are  now  by  law  required  of  and 
devolved  upon  the  Superintendent  of  Common  Schools  (t). 

CCLXXXL  The  State  Superintendent  shall  decide  without  ap- 
peal,  and  without  cost  to  the  parties,  all  con- 
versf^  coutro-  troversies  or  disputes  that  may  arise  or  exist 
among  the  directors  or  controllers  of  any  districts, 
between  directors  of  adjoining  districts,  or  between  collectors  or 
treasurers,  and  directors  or  controllers,  concerning  the  duties  of 
their  respective  offices  ;  the  fact  of  which  controversies  or  disputes 
shall  be  made  known  to  him  by  written  statements,  by  the  parties 
thereto  acting  in  their  official  capacities,  verified  by  oath  or  affirma- 
tion, if  required,  and  accompanied  by  certified  copies  of  all  neces- 
sary minutes,  contracts,  orders,  or  other  documents  (u). 

CCLXXXII.  He  shall,  whenever  required,  give  ativlce,  explana- 
tions, construction,  or  information  to  the  district 
Information  ^^"^       officers,   and   to   citizens,    relative   to   the   common 
school  law,  the  duties  of  common  school  officers,  the 


(8)  Act  April  18,  1857,  sec.  1,  P.  L.  p.  2«3. 
(t)  Act  April  18,  1857,  sec.  S.  P.  L.  p.  2«3 
(u)    Act  May  8,   1854.  sec.   id.  P.   I>.   p    027 


OF   Phh\.\SVLV  AMA  1  If. 

rights  and  duties  of  parents,  guardians,  pupils  and  all  officers,  the 
management  of  the  schools,  and  all  other  questions  and  matters 
calculated  to  proniotf  the  cause  of  education  (v). 

He  shall  sign  all  orders  on  the  State  Treasurer  for  the  payment 
of  such    moneys   to   the   treasurers   of   the   several    sig-i  ail  orj'is 
school  districts,  as  they  may  be  entitled  to  receive    on"  state    Xreas- 
from  the  State,  and  for  all  other  moneys  to  be  paid    "'er- 
out  of  the  appropriation  to  common  schools  made  by  this  act  (w). 

CCLXXXIII.  That  it  shall  be  the  duty  of  the  commissioners  of 
each    county    to    ascertain,    triennially,    with    the   commissi ou-^rs 
assistance   of   the    respective   assessors,    the   exact    report  number 
number  of  taxable  citizens  residing  in  each  school    of  taxables. 
district  in  their  several  counties,  and  to  certify  the  same  under  their 
hands  and  seals  of  office,  to  tue  Superintendent  of  Common  Schools, 
who  is  hereby  directed  to  adopt  the  number  of  taxables  thus  certi- 
fied to  him  as  the  basis  of  distribution  of  the  State 
appropriation,  which  Stiid  certificates  shall  be  pre-    J^^i'.'^  ^°l  distri- 
pared  and  transmitted  on  or  before  the  first  Mon-    pHufou"    '''^^'"*'" 
day  of  June  in  every  third  year,  commencing  with 
the  first  Monday  of  June,  A.  D.  one  thousand  eight  hundred  and 
sixty-five  (x). 

CCLXXXIV.  That   if   the   commissioners   of   any   county   shall 
neglect   to    forward   such   certificate   on   or   before    when  commis- 
said   day,    the   superintendent    may,    in    such    case,    sioners  negelect 
adopt    the    number   of    taxables    set    forth    in    the    "^"fy- 
next  preceding  certificate  or  return  (y). 

CCLXXXV.  That  if  any  error  in  the  certificate  of  taxables  shall 
occur,  whereby  a  district  shall  receive  more  or  less 
of  the  State  appropriation  than  is  justly  due  to  Errors. 
said  district,  the  county  commissioners  shall  have  authority,  and 
they  are  hereby  required  immediately  to  forward  to  the  superin- 
tendent a  correct  list  of  taxables  and  the  superintendent  shall  there- 
upon make  it  the  basis  of  the  appropriation  due  said  district  (z). 

149.  It  is  the  duty  of  the  commissioners  of  the  respective  counties 
to  perform  the  acts  and  furnish  the  information  required  by  the 
foreging  section  of  the  school  law,  as  plainly  and  imperatively  as 
in  any  other  point  of  their  official  functions. 

CCLXXXVI.  He  shall  prepare  blank  forms  for  the  annual  dis- 
trict    reports,     with     suitable     instructions     and    prepare  and  for- 
forms  for  conducting  the  various  proceedings  and    ward  blank 
details   of  the   system   in  a   uniform   and   efficient    forms. 

(V)    Act  May  8,   1854,  sec.  -10,  P.   L.  p.  628. 
(w)   Act  May  8,  1854,  sec.   16,  P.  L.  p.  628. 
(x)   Act   April   17,    1865,    sec.    1,   P.    L.   p.    61 
(y>   Act  May  8,    1854.   sec.   47,   P.   L.    p.   628. 
(z)    Act  May  8.  1854,  sec.  4.8  P.  L.  p.  629. 


116  SCHOOL   LAWS  AND  DECISIONS 

manner,  and  forward  the  same  to  the  county  superintendents,  who 
shall  distribute  them  to  and  among  the  proper  district  officers  of 
their  respective  counties  (a). 

CCLXXXVII.  He  shall  prepare  and  submit  to  the  Legislature 
an    annual    report,    containing   a    full    account   of 
l^ture*^   ^°  "^g's-    the  condition  of  the  common  schools  in  the  State, 
the   expenditure   of    the   system   during    the   year, 
estimates  of  the  sums   requisite  for  the   ensuing  year,   the  whole 
number  of  pupils,   the  cost  of  teaching  each,   the  number  of  dis- 
tricts,   plans   for   the    improvement    of    the    system,    and    all   such 
matters   relating   to   the   concerns   of   common   schools   and   to   the 
duties  of  his  office,  as  he  may  deem  it  expedient  to  communicate  (b). 
CCLXXXVIII.  He   shall    provide   a   seal    with   suitable   device, 
for  the  use  of  the  Department  of  Common  Schools. 
^-"'-  by  which  copies  of  papers  deposited  or  filed  therein, 

and  all  official  acts  and  decisions,  may  be  authenticated  under 
said  seal ;  and.  when  so  authenticated,  shall  be  evidence  equally 
and  in  like  manner  as  the  originals.  He  may  also  designate  and 
appoint  one  of  the  clerks  employed  by  him  to  be  his  general  deputy, 
who  may  pei-form  all  his  duties  of  Superintendent  of  Common 
Schools  in  case  of  his  absence  of  a  vacancy  in  his  office  (c). 

CCLXXXIX.  He  shall  have  the  power  of  removing  any  county 
superintendent  for  neglect  of  duty,   incompetency, 
county^'superln-       ''^'    itumoi'fi'ity.    and    to    appoint    another    in    his 
tendent.  stead  until  the  next  triennial  convention  of  direc- 

tors  (d). 

County  Superintendents. 

CCXC.  That  there  shall  be  chosen  in  the  manner  hereinafter 
Office  of  county  directed,  an  officer  for  each  county,  to  be  called 
superintendent.         the  county  superintendent  (e). 

CCXCl.  That  until  after  the  election  of  county  superintendents 
Notice  for  con-  provided  for  in  this  act,  it  shall  be  the  duty  of  the 
vention  of  direc-  Superintendent  of  Common  Schools  by  publication 
tors.  at  least  three  sucessive  weeks,  in  two  newspapers 

for  each  county,  if  so  many  there  be,  but  if  none  are  published  in 
such  county,  then  by  printed  notices  sent  by  mail  to  the  secretary 


(a)  Act  May  8,    1854,  sec.   iC,.   P.   L.   p.   628. 

(b)  Act  May  8,   1854,  sec.  43.   P.   L.  p.  628. 

(c)  Act  May  8.   1854,  sec.    tii,   P.   L.  p.   628. 

(d)  Act  May  8,   1854,  sec.   4?}.   P.   L.   p.   628. 

(e)  Act  May  8.  1854,  sec.  o7,  P.  L.  p.  625. 


OF  PENNSYLVAInIA.  117 

of  each  board  of  directors  of  each  school  district  in  such  county  of 
the  time  and  place  for  holding  the   triennial  convention   of  direc- 
tors, who  shall  then  and  there  assemble,  and  select  a  presidinj,'  officer 
from  one  of  their  number,  and  the  directors  then  present  shall  pro- 
ceed to  the  election  of  county  superintendent,  in  the  manner  here- 
inafter provided.     The  notice  that  hereafter  shall 
be  given  of  the  assembling  of  the  aforesaid  triennial    paij  ^^'       "^ 
convention  shall  be  by  the  county  superintendent, 
in  the  manner  above  provided.     All  expenses  of  giving  notices,  di- 
rected by  this  section,  shall  be  paid  out  of  the  same  funds  as  the 
salary  of  the  county  superintendent  (f). 

CCXCII.  That   the   school   directors   of   the   several   counties  of 
the     Commonwealth     shall     meet     in     convention    Triennial    con- 
at    the   seat   of  justice   of   the   proper   county   on    vention  of  di- 
the    first     Monday    of    June     next,     and     on     the    rectors, 
first  Tuesday  of   May,   in   each   third  year   thereafter,   and   select 
viva  voce  by  a  majority  of  the  whole  number  of  directors  pres- 
ent,   one    person   of   literary   and    scientific   acquirements,    and    of 
skill   and    experience   in    the   art   of   teaching,   as   county   superin- 
tendent for  three  succeeding  school  years  (g). 

CCXCII  I.  That  the  salary  of  each  county  superintendent  of 
common  schools,  elected  according  to  law,  in  the 
year  one  thousand  eight  hundred  and  seventy-  Salaries, 
eight,  and  thereafter,  shall  be  four  dollars  and  fifty  cents  for  each 
school  in  his  jurisdiction  at  the  time  of  his  election,  to  be  paid  out 
of  the  general  fund  appropriated  for  common  schools:  Provided, 
That  the  salary  of  the  county  superintendent  shall  in  no  case  be 
less  than  eight  hundred  dollars  nor  more  than  two  thousand  dollars 
per  annum,  and  in  counties  with  over  one  hundred  schools  it  shall 
not  be  less  than  one  thousand  dollars:  And  provided  further,  That 
conventions  of  schol  directors,  when  assembled  for  the  purpose  of 
electing  a  county  superintendent,  may  vote  him  a  salary  greater 
than  the  amount  he  would  receive  by  this  act,  such  increase  to  be 
in  all  cases  taken  from  the  school  fund  of  the  county  thus  voting. 
That  in  all  counties  having  over  two  hundred  and  ninety  schools, 
or  twelve  hundred  square  miles  of  territory,  or  a  school  term 
exceeding  seven  and  one-half  months,  the  salary  of  said  superin- 
tendent shall  not  be   less  than   fifteen  hundred  dollars   (h). 


(f)  Act  May  8,   1854,   sec.    13,   P.   L.  p.   627. 

(g)  Act   May   8,    1854,    sec.    Si,,    P.    L.    p.    626;    and   Act    March   27,    1866, 
sec.  1,  P.  L.  p.  88. 

(h)    Act  April  20,   1878,  sec.   1.  P.   L.   p.   33. 


lis  SCHOOL    LAWS   AND    DKCISlOiNJS 

CCXCIV.  That   so    much    of   section    thirty-nine   of   the   act   of 
May  eighth,  one  thousand  ei^ht  hundred  and  fifty- 
Kepeai.  four,  as  requires  that  a  convention  of  school  direc- 

tors shall  determine  the  compensation  of  a  county  superintendent, 
is  hereby  repealed,  except  so  far  as  provided  for  in  this  act  (i). 

CCXCV.  That  hereafter  school  directors  of  this  Commonwealth 
^  ,     ,    ,,      ,  who  shall  attend  the  triennial  convention  of  direc- 

fuemling  tno^  ^^^^  for  the  purpose  of  electing  county  superin- 
nlai  conventions  tendents.  as  provided  by  act  of  May  eight,  one 
to  be  paid.  thousand    eight    hundred    and    fifty-four,    shall    re- 

ceive one  dollar  each,   and,   in   addition,   the  sum 
of  three  cents  for  every  mile  necessary  to  be  trav- 
Mlleage.  ^Jed    in    going    to    and    returning    from    the    place 

where  the  election  shall  be  held,  the  amount  to 
be  paid  by  the  school  treasurers  of  the  respective  district  on  the 
proper  vouchers,  and  the  account  to  be  audited  as  other  ex- 
penses (j). 

CCXCVI.  And  be  it  further  enacted,  that  it  shall  be  deemed  a 
Misrieiueauor  for  misdemeailor  for  any  candidate  for  the  office  of 
candidates  to  pay  county  Superintendent  to  pay  or  cause  to  be  paid, 
rectors''^    °^   '^'       directly  or  indirectly,  any  part  of  the  expenses  of 

any  director  who  shall  attend  the  triennial  con- 
Penalty,  vention.  and  on  conviction  thereof  such  candidate 
shall  be  fined  a  sum  not  less  than  fifty  nor  more  than  three  hun- 
dred dollar.s,  at  the  discretion  of  the  court  (k). 

CCXCVII.  That    the   salary   of   each    county   superintendent   of 

common  schools,  elected  according  to  law,  in  the 
Superimendent^        ^^^^    °°*^    thousand    nine    hundred    and    two,    and 

thereafter,  shall  be  ten  dollars  for  each  of  the  first 
one  hundred  schools  within  his  jurisdiction  at  the  time  of  his 
election,  five  dollars  for  each  school  above  one  hundred  and  not 
over  two  hundred,  and  two  dollars  each  for  each  school  above  two 

hundred:  l^rovided.  That  the  salary  of  a  county 
Proviso.  superintendent  shall   in   no  case  be  less  than  one 

Proviso.  thousand  dollars  per  annum,   nor  more  than  two 

thousand  dollars  per  annum:  And  provided  further. 
That  in  all  counties  having  twelve  hundred  square  miles  of  terri- 
tory, or  a  school  term  exceeding  seven  and  one-half  months,  the 
salaries  of  said  superintendents  shall  not  be  less  than  fifteen  hundred 

dollars:  And  provided  further,  That  a  conven- 
Provlso.  j-JQQ  Qf  school  directors,  assembled  for  the  purpose 


(1)   Act  April  29,  1878,  sec.  2.  P.  L.   p.  33. 
(J)   Act  March   18,   1899,   sec.   1,   P.   L.   p.   11 
{If)   Act  March  13.  1899,  sec    2.  P.  L.  p.   11. 


OF  PENNSYLVANIA.  119 

of  electing  a  county  superintendent,  may  vote  him  a  salary  greater 
than  the  amount  he  would  receive  by  this  act,  such  increase  to 
be  in  all  cases  taken  out  of  the  school  fund  appropriated  for  the 
county  thus  voting  (1). 

CCXCVIII.  That  from  and  after  the  passage  of  this  act  it  shall 
be  unlawful  for  any   person   holding  the  office  of 
county   superintendent   of  common   schools   to   en-    Superintendents 
gage  in  the  business  or  profession  of  teaching  in    pay"for  "^taciilng 
any  of  the  schools  of  the  Commonwealth  unless  it 
be  done  without  any  other  compensation  than  that  paid   them  as 
county  superintendent  (m). 

CCXCIX.  Any  violation  of  the  provisions  of  this  act  on  the  part 
of  any  county  superintendent   shall   be  deemed   a 
sufficient  cause  for  removal  from  office  by  the  State    Removal. 
Superintendent  of  Public  Instruction  (n). 

CCC.  That  it  shall  be  the  duty  of  each  county  superintendent 
of  schools  to  call  together,  during  the  school  year    „  ,     ,    ,.  , 

beginning  June,   one   thousand   nine   hundred   and    annu°i  meein?g.^ 
five,  and  annually  thereafter,  at  the  county  seat, 
or  some  other  suitable  place  in  the  county,  all  the  school-directors 
of  the  county,  for  the   consideration   and   discussion   of  questions 
pertaining  to  school  administration. 

It  shall  be  the  duty  of  each  school-director,  in  each  of  the  dis- 
tricts of  each  county,  to  attend  each  annual  meet- 
ing  of  school-districts,  called  by  the  county  super-    ^"*y  ^°  attend, 
intendent  for  the  purpose  of  considering  and  discussing  questions 
pertaining  to  school   administration ;   and   each   school-director  at- 
tending such  annual  convention  shall  receive,  for  his  necessary  ex- 
penses,  compensation   at   the   rate   of   two   dollars 
per  diem,  and  mileage  at  the  rate  of  three  cents    mffcage.™  ^° 
per  mile,  to  be  paid  out  of  the  funds  of  the  dis- 
trict  which   he   serves.     Rut    the   expenses   shall   not   be   paid   for 
more  than  two  days  at  any  annual  meetings  (o). 

CCCI.    \vhen  the  directors  have  assembled  in  such  annual  con- 
vention,  they   shall   proceed   at   once   to   organize,    organization, 
by   electing,   from   the   directors   present,   a   presi- 
dent, two  vice-presidents,  a  secretary,  and  a  treas-   Officers, 
urer,   which   officers   shall   continue   for  one   year.   Term. 
and  shall  severally  perform  such  duties  as  usually 
devolve  upon  such  officers. 


(1)   Ac*-  April  2G,  1893,  sec.   1.  P.   L.  p.   24. 
(m)    Act  M.TT  17,   1901,   sec.   1.   V     L.   i>.    -o. 
(n)   Act  April   26,    1893,   see.   2.    r     1..   p.   24. 
(o)   Act  March  22,   1907,  see.  1,   f.    L.  p.  28. 

9 


120  SCHOOL  LAWS  AND   DECISIONS 

The  officers  of  the  Directors'  Association  shall  serve  also  as  a 
program  committee;  and  shall  prepare  a  suitable 
mitfees"'   ^^""^  program  for  each  annual   meeting,    secure  compe- 

tent speakers,  and  perform  such  other  duties  as 
may  be  necessary  to  the  success  of  the  meeting.  The  county  su- 
perintendent shall  be  ex-officio  a  member  of  the  program  com- 
mittee, and  shall  render  such  assistance  to  the  officers  of  such 
association  as   they  may   require  of  him. 

To  prepare  a  program  for  the  first  meeting,  each  county  super- 
intendent   shall    appoint,    from    among    the    school 
Program  for  first    aii-gctors  of  his  county,   a   program   committee  of 
nieetiug.  g^_^  members. 

To  defray  the  necessary  expenses  of  the.se  meetings,  the  county 
t  easurer  of  each  county  shall  pay  to  the  treasurer 
Payment  by  the      of     the    Directors'    Association,    from    the   county 
urors^        ''*'  funds,   one  dollar  for  each   director  attending   the 

annual  meeting,  but  in  no  case  shall  the  sum  paid 
exceed  one  hundred  dollars  for  each  meeting.     But  before  he  shall 
receive  this  appropriation,  the  treasurer  of  the  Directors'  Associa- 
tion shall  present  to  the  county  treasurer  a  state- 
StHtement  of  ment,   showing  when   and   where   the   meeting  was 

treasurer  of  Dl-      held,  how  many  directors  were  present,  what  speak- 
rec^ors    Assccia-     ^  ^   were   employed,   and   what   expenses   were   in- 
curred (p). 

150.  It  IS  illegal  for  a  county  superintendent  to  have  a  pecu- 
niary interest  in  a  school  in  his  county.  The  Legislature  in  fixing 
the  salaries  of  county  superintendents,  intended  that  they  should 
devote  their  whole  time  to  their  special  duties.  Besides,  the  pre- 
paration of  teachers  is  now  sufficiently  provided  for  by  the  State 
normal  schools.  The  State  pays  the  salaries  of  the  county  super- 
intendents, and  also  makes  appropriations  to  the  normal  schools; 
both  interests  must  therefore  confine  themselves  to  their  proper 
sphere  and  work  in  harmony. 

151.  Persons  who  will  be  engaged  in  other  professions,  while  at- 
tempting to  discharge  the  duties  of  this  office,  should  not  receive 
the  support  of  directors.  The  qualifications  for  this  office,  without 
which  the  person  elected  cannot  be  commissioned  are  literary  and 
scientific  acquirements,  skill  and  experience  in  the  art  of  teaching, 
and  a  sound  moral  character. 

152.  Irreproachable  moral  character  is  essential,  and  will  not 
be  dispensed  with.  This  is  as  much  a  professional  qualification 
of  the  teacher  and  of  the  officer  who  presides  over  teachers,  as 
it  is  in  any  other  profession.  Intemperance,  gambling,  dishon- 
esty, or  any  other  immorality  that  would  degrade  a  minister  of 
the  gospel   from  his   position   will   prevent   the   issue   of   the  com- 

(p)   Act  March  22,  1907,  sec.  S    P.  L.  p.  28. 


OF  PENNSYLVANIA.  121 

mission  of  county  superintendents.     Sufficient  health  and  vigor  of 
the  body  to  bear  the  labors  of  the  office  are  also  indispensable. 

CCCII.  That  no  person  shall  hereafter  be  eligible  to  the  office 
of  county,  city  or  borough  superintendent,  in  any 
county  in  this  Commonwealth,  who  does  not  possess    Qualiflcatlona. 
a  diploma  from  a  college  legally  empowered  to  grant  literary  de- 
grees, a  diploma  or  State  certificate  issued   according  to  law   by 
the  authorities  of  a  State  normal  school,  a  profe.ssional  certificate 
from  a  county,   city   or  borough   superintendent  of  good  standing 
issued  at  least  one  year  jn'ior  to  the  election,  or  a  certificate  of 
competency   from   the   State   Superintendent   of   Common    Schools, 
nor  shall  such  person  be  eligible  unless  he  has  a  sound  moral  char- 
acter, and  has  had  successful  experience  in  teachiu?  within  three 
years  of  the  time  of  his  election:  Provided.  That  serving  as  county, 
city  or  borough  superintendejit  shall  be  deemed  a  sufficient  test  of 
qualifications;  and  the  president  and  secretary  of  each  convention 
of  school   directors  held   in  any  county,   city  or  borough   to  elect 
a  county,  city,  or  borough  superintendent,  when  certifying  to  the 
superintendent  of  common   schools   the   name   and   address  of  the 
person   elected   county,   city   or   borough    superintendent,    shall    at 
the  same    time    state    the    kind    and    character    of    the    evidence 
upon  which    said    convention    relied    for   proof   of 
the   eligibility   of  the   person   so  elected  ;   and   the    J?,y.'fffl"';.ftion  to 
said  Superintendent  of  Common   Schools,   if  upon    befunUshea. 
the  examination  of  the  evidence  presented,  it  shall 
prove  to  be  such  as  is  required  by  this  act.  and  no  objection  be 
maue,  in  accordance  with  section  fourth  of  the  act  appi'oved  April 
seventeenth.  Anno  Domini  one  thousand  eight  hundred  and  sixty- 
five,  shall  issue  a  commission  to  the  person  elected    coramissiou, 
as    aforesaid,    as    now    required    by    law ;    but    if.    When  to  bi  is- 
upon  examination  of  said  evidence  of  competency,    ""t-d. 
it  shall   not   prove   to  be   such   as   is   required   by   this   act,   or  if 
objection  be  made  in  accordance  with  said  section  of  the  act  ap- 
proved April  seventeenth,  Anno  Domini  one  thousand  eight  hun- 
dred and  sixty-five,   the  said   Superintendent  of  Common   Schools 
shall  appoint  two  competent  persons,   himself  being   the  third,   to 
examine  the  person  so  elected  county,  city  or  borough  superintend- 
ent; and  if,  upon  examination,  he  be  found  duly  qualified  for  the 
office,  the  said   Superintendent  of  Common   Schools  shall   issue  to 
him  the  usual  commission  ;  but  if  not,  the  said  Superintendent  of 
Common    Schools    shall    proceed    in    like    manner 
in  respect  to  the  person  receiving  the  next  highest    case^of  objection 
number   of   votes   in    the   convention    of   directors, 
who.  if  found  qualified,  shall  receive  the  commission  aforesaid  as 
county,  city  or  borough  superintendent ;  but  if  his  qualifications  are 
also  found  insufficient,  the  said  Superintendent  of  Common  Schools 
Bhall   appoint,   with   the   advice   and    consent   of   the   Governor   of 


122  SCHOOL  LAWS  AND  DECISIONS 

the  Commonwealth,  some  other  person  with  the  required  qualifica- 
tions, county,  city  or  borough  superintendent  for  the  ensuing  term 
of  such  office  (q). 

CCCIII.  That  where  new  counties  have  been  or  may  hereafter 
Election  in  new  be  created,  under  the  provisions  of  the  act  approved 
counties.  April  seventeenth,  one  thousand  eight  hundred  and 

seventy-eight,  it  shall  be  the  duty  of  the  school  directors  of  the 
said  new  county  to  meet  in  convention  at  the  county  seat  in  said 
county,  on  the  first  Tuesday  of  May  succeeding  the  erection  o^  said 
county,  and  elect  a  suitable  person  to  fill  the  office  of  superintend- 
ent of  common  schools  of  said  county,  in  accordance  with  the  gen- 
eral laws  of  this  Commonwealth  relating  thereto,  to  serve  until  the 
end  of  the  school  year  in  which  the  next  triennial  convention  of 
school  directors  shall  be  held  for  the  purpose  of  electing  a  county 
superintendent  in  accordance  with  existing  laws  of  this  Common- 
wealth (r). 

CCCIV.  That  it  shall  be  the  duty  of  the  nresident  and  secretary 
of  the  triennial  convention  of  directors,  to  certify 
Name  and  ad-        to    the    Superintendent    of    Common    Schools    the 
dress  of  couuty       name  and  postoifice  address  of  the  person  elected 
to^be  certifi"il         county    superintendent    in    pursuance    of    the    pro- 
visions 6f  the  act  of  May  eighth,  one  thousand  eight 
hunared  and  fifty-four,  and  those  of  all  the  other  candidates  who 
receive  votes,  together  with  the  amount  of  compensation  fixed  upon 
by  the  said  convention  ;  upon  the  receipt  of  such  certificate,  if  no 
valid  objection  be  received  within  thirty  days  after  the  day  of  elec- 
tion, the  Superintendent  of  Common  Schools  shall 
to'^lssue"^™'^^^""    comnussion  the  person  so  elected,  for  the  term  of 
three    years ;    but    if    objections    to    issuing    such 
commission   be   made  within   thirty  days,   and   such   objections   be 
signed,  among  others,  by  a  majority  of  the  members  of  not  less 
than  one-fifth  of  all  the  school  boards  in  the  county,  from  which 
such  objections  are  received,  and  certified  to.  under  oath  or  affirma- 
tion by  at  least  three  of  the  signers,  the  Superintendent  of  Com- 
mon Schools  may  require  such  evidence,  under  oath  or  affirmation, 
in   regard  to  the  legality  of  the  election  and   the  qualification  of 
the  person  elected  county  superintendent,  as  he  shall  deem  neces- 
sary, and  then  shall  issue  the  commission  to  the  person  properly 
qualified,  who  received  the  greatest  number  of  votes,  and  the  Super- 
intendent of  Common  Schools,  when  engaged  in  the 
Proceedings  In        investigation  of  objections,  filed  against  the  issuing 
case  of  objection,    of   commissions    to    county    superintendents,    shall 
have   power   to   issue   subpoenas    and    administer 


(q)    Act  April  9,   1867,  sec.   13,  P.  L.  p.   56. 
(r)   Act  April  25,  1879,  sec.  1,  P.  L.  p.  32. 


OF  PENNSYLVANIA.  123 

oaths ;  and  any  person  refusing  or  neglecting  to  attend,  and  give 
evidence  of  such  investigation,  when  legally  subpoenaed  shall  be 
liable  to  the  same  fines  and  penalties  as  if  he  had  refused  to  ap- 
pear and  give  evidence  in  the  court  of  record,  and  the  cost  to  be 
paid  by  the  parties  subpoenaing  the  witnesses  (s). 

153.  The  objections  must  either  relate  to  the  legality  and  va- 
lidity of  the  election,  or  to  the  qualifications  of  the  candidate. 
The  establishment  by  proof  of  a  valid  objection  of  either  kind,  will 
prevent  the  issuing  of  a  commission. 

154.  Objection  grounded  on  the  disqualification  of  the  person 
selected,  are  want  of  residence;  want  of  moral  character;  want  of 
nhysical  ability  to  discharge  the  duties  of  the  office ;  want  of  learn- 
ing, and  want  of  professional  skill. 

155.  Objections  to  be  investigated  by  the  superintendent  must 
be  signed  by  at  least  four  members  of  one-fifth  of  the  boards 
of  directors  of  the  county  and  shall  also  be  signed  by  other  citi- 
zens. 

CCCV.  That  every  person  selected   or  appointed  county  super- 
intendent of  common  schools  shall,   before  entering    „       , 
upon    the    duties    of   his    office,    take    an    oath    or   office 
affirmation,  before  any  judge  of  the  court  of  com- 
mon pleas  of  the  proper  county,  or  before  the  Superintendent  of 
Common  Schools,  who  is  hereby  authorized  to  administer  the  same, 
that  he  will  perform  all  the  duties  of  county  superintendent,  during 
his  term  of  office,  honestly,  impartially,  diligently,  and  according 
to  law   to   the   best  of  his  skill   and   ability ;   which   saiu   oath   or 
affirmation,   being   subscribed   by   said   county   superintendent   and 
attested  by  said  judge  or  State  Superintendent,  shall  be  filed  in 
the  Department  of  Common  Schools  (t). 

156.  A  superintendent  cannot  legally  perform  any  official  act  until 
sworn  into  office  by  the  proper  authority.  A  copy  of  the  oath 
must  be  filed  in  the  office  of  the  prothonotary,  and  a  copy  for- 
warded to  the  Department  of  Public   Instruction. 

CCCVI.  It  shall   be   the  duty  of  the   county  superintendent   to 
visit,  as  often  as  practicable,   the  several   schools 
of  his  county,  and  to  note  the  course  and  method  of    gc'jf'o]/'^^*  ^^'^ 
instruction,  and  branches  taught,  and  to  give  such 
directions  in  the  art  of  teaching  and  the  method  thereof,  in  each 
school,  as  to  him  (together  with  the  directors  and  controllers),  shall 
be  deemed  expedient  and  necessary ;   so  that  each  school  shall  be 
equal  to  the  grade  for  which  it  was  established,  and  that  there  may 
be,  as  far  as  practicable,  uniformity  in   the  course  of  studies  in 
schools  of  the  several  grades  respectively  (u). 

(s)   Act  April   16,   1865,   sec.  4,  P.   L.  p.   63. 
(t)   Act  April  11,   1862,  sec.  14,  P.  L.  p.   475. 
(u)   Act  May  8,  1854,  sec.  37,  P.  L.  p.   625. 


124  SCHOOL   LAWS  AND   DECISIONS 

CCCVII.  That  it  shall  be  the  duty  of  each  county  superintend- 
ent  to   see   that   in    every   district    there   shall   be 
See  that  certain      taught     orthography,     reading,     writing.     English 
taughtf^  '"^^  grammar,   geography,   and   arithmetic,    as   well   as 

such  other  branches  as   the  board   of  directors  or 
controllers  may   rcfjuire.     In   case   the   board  of  directors  or  con- 
trollers  shall    fail    to   provide   competent    teachers 
His  duty  on  to    teach    the   several    branches    above   specified,    it 

failure  to  pro-       shall  be  the  duty  of  the  county  superintendent  to 
teachers"^^"^"  notify  the  board  of  directors  or  controllers,  in  writ- 

ing, of  their  neglect,  and  in  case  provision  is  not 
made  forthwith  for  teaching  the  branches  aforesaid,  to  report  such 
facts  to  the  Superintendent  of  Common  Schools,  whose  duty  it 
shall  be  to  withhold  any  warrant  for  the  quota  of  such  district  of 
the  annual  State  appropriation,  until  the  county 
state  appropria-  superintendent  shall  notify  him  that  competent 
held.  "  ^  ^*  '  teachers  of  the  branches  aforesaid  have  been  em- 
ployed. And  in  case  of  neglect  or  refusal  of  the 
Doard  of  directors  or  controllers  to  employ  such  competent  teachers 
as  aforesaid,  for  one  month  after  such  notification  by  the  county 
superintendent  that  such  teachers  have  not  been  provided,  such 
district  shall  forfeit  absolutely  its  whole  quota  of  the  State  appro- 
priation for  that  year  (v). 

CCCVIII.  That  after  the  passage  of  this  act,  no  teacher  in  this 
Commonwealth   shall   receive   from   a  county,   city 
Qualification  of       ^^'    t)orough    superintendent,    a    certificate,    as    a 
teacher.  teacher   who   has   not   a  fair  knowledge  of  ortho- 

graphy, reading,  writing,  geography,  English  gram- 
mar, mental  and  written  arithmetic,  history  of  the  United  States, 
and  the  theory  of  teaching,  nor  shall  such  certificate  be  given  any 
person  who  is  in  the  habit  of  using,  as  a  beverage. 
Persons  of  II. tcm-    gjjy  intoxicating  drinks,  and  all  certificates  given 
to'?e'*  Ucenst^a.°°      ^o  teachers  shall  set  forth   the  branches  in  which 
those  holding  them  have  been  found  proficient,  and 
indicate,  by  suitable  marks,  the  degree  of  that  proficiency  (w). 
CCCIX.  That  after  the  first  Monday  of  June,  one  thousand  nine 
hundred    and    two,    no    teacher    in    this    Common- 
teac'liers.'^'''''^  wealth  shall   receive  from  a  county,  city  or  borough 

superintendent,  a  certificate  as  a  teacher  who  has 
not  a  fair  knowledge  of  orthography,  reading,  writing,  geography, 
English  Grammar,  mental  and  written  arithmetic,  history  of  the 
United   States,   the  theory  of  teaching,  and  civil  government,   in- 


(v)    Act  May  8.   lSri4,  sec.  38,   P.  L.  p.  625. 
(w)    Act  April  9,  1807,  sec.   11,  P.  L.  p.  65. 


OF  PENNSYLVANIA.  125 

eluding  State  and  local,  and  elementary  algebra ; 

nor  shall  such  certificate  be  given  to  any  person    Disquaiiflcatious. 

who  is  in  the  habit  of  using,  as  a  beverage,  any  intoxicating  drinks, 

or  habitually  takes  opium  ;  and  all  certificates  given 

to  teachers  shall  set  forth   the  branches  in  which    ^ertmcates. 

those   holding   them  have   been   found   proficient,   and   indicate   by 

suitable  marks  the  degree  of  that  proficiency  (x). 

157.  The  validity  of  permanent  certificates  is  not  affected  in  any 
way  whatever  by  this  act.  The  holder  of  such  a  certificate  is  not 
required  to  undergo  an  examination  in  civil  government  and 
elementary  algebra  unless  the  board  requires  these  subjects  to  be 
taught  in  the  school  where  the  holder  is  employed.  The  profes- 
sional certificates  will  be  valid  until  the  close  of  the  school  year 
ending  in  June,  1903,  without  an  examination  in  these  branches, 
unless  the  subjects  are  required  to  be  taught. in  the  school  where 
the  applicant  is  employed.  The  introduction  of  civil  government 
and  elementary  algebra  into  the  public  schools  is  entirely  optional 
with  the  directors. 

CCCX.  That  physiology  and  hygiene,  which  shall,  in  each  divi- 
sion of  the  subject  so  pursued,  include  special  refer-    „,     ,  , 
ence  to  the  effect  of  alcoholic  drinks  and  stimulants    bvjiene°mus?be 
and    narcotics   upon    the   human   system,   shall    be    uiught. 
included  in  the  branches  of  study  now  required  by 
law  to  be  taught  in  the  common  schools,  and  shall  be  introduced  and 
studied  as  a  regular  branch  by  all  the  pupils  in  all  departments  of 
the  public  schools  of  the  Commonwealth,  and  in  all  educational  in- 
stitutions supported  wholly  or  in  part,  by  money  from  the  Com- 
monwealth (y). 

CCCXI.  That  a  system  of  humane  education,  which  shall  include 
kind  treatment  of  birds  and  animals,  shall  be  in-    humane   educa- 
cluded  in   the  branches  of  study  now   required   by    tiou  to  include 
law  to  be  taught  in  the  common  schools  ;  such  in-    kind  of  treat- 
struction  to  he  given  to  all  pupils,  up  to  and  in-    nic'it  of  birds 
eluding  the  fourth   grade,  of  the  public  schools  of    ''"''  animaia. 
the     Commonwealth,    and    to   consist    of   not   more    than    half   an 
hour  each  week,  during  the  whole  term  of  the  school  (z). 

Clause  2.  That  no  experiment  upon  any  living  Experiment  on 
creature,  to  demonstrate  in  physiology  shall  be  living  creauu-es 
permitted  in  any  public  school  of  the  State.  forbidden. 

Clause  8.  The  principal  or  teacher  in  every  school  shall  certify, 
in  each  of  his  or  her  monthly  reports  to  the  school- 
board,  that  such  instruction  has  been  given  in  the    ^^onthly  reports, 
school  under  his  or  her  control. 

(x)    Act  May  21,   1001,   aec.   1,  P.  L.   p.   269. 
(y)    Act   April   2,    18S5,   sec.    1,    P.   L.   p.    7. 
(z)    Act   March  27,    1905,   P.   L.   p.   60. 


126  SCHOOL  LAWS  AND  DECISIONS 

Clause  4.  This  act  shall  take  effect  immediately  (a). 
CCCXII.  It  shall   be   the  duty  of  county,   city,   borough  super- 
intendents, and  boards  of  all  educational   institu- 
Superlntendent         tions  receiving  aid  from  the  Commonwealth,  to  re- 
of  du^ty     ^"^  port  to  the     Superintendent  of  Public  Instruction 

any  failure  or  neglect  on  the  part  of  boards  of 
school  directors,  boards  of  school  controllers,  boards  of  education, 
and  boards  of  educational  institutions  receiving  aid  from  the  Com- 
monwealth, to  make  proper  provision  in  any  and  all  of  the  schools 
or  aistricts  under  their  jurisdiction  for  instruction  in  physiology 
and  hygiene  which,  in  each  division  of  the  subject  so  pursued,  gives 
special  reference  to  the  effects  of  alcoholic  drinks,  stimulants,  and 
narcotics  upon  the  human  system  as  required  by  this  act;  and 
such  failures  on  the  part  of  directors,  controllers,  boards  of  educa- 
tion, and  boards  of  educational  institutions  receiving  money  from 
the  Commonwealth  thus  reported  or  otherwise  satisfactorily  proven, 
shall  be  deemed  sufficient  cause  for  withholding  the  warrant  for 
State  appropriation  of  school  money  to  which  such 
be''w°thheld  district  or  educational  institution  would  otherwise 

be  entitled  (b). 
CCCXIII.  No  certificate  shall   be  granted  any  person  to  teach 
in    the    public    schools    of    the    Commonwealth    or 
Teachers  mast        in    any    of    the    educational    institutions    receiving 
be  examined  In        money    from    the    Commonwealth     after    the     first 
hygiene"*^  *°  Monday  of  June,  Anno  Domini  one  thousand  eight 

hundred  and  eighty-six,  who  has  not  passed  a  satis- 
factory examination  in  physiology  and  hygiene,  with  special  refer- 
ence to  the  effects  of  alcoholic  drinks,  stimulants  and  narcotics  upon 
the  human  system  (c). 

158.  Regular  instruction  must  be  given  in  physiology  and  hygiene 
the  same  as  in  other  legal  branches  of  study,  otherwise  the  law 
authorizing  and  requiring  the  introduction  and  study  of  this  branch 
will  not  be  fairly  complied  with. 

159.  Oral  instruction,  from  the  necessity  of  the  case,  may  be 
given  by  the  teachers  in  charge  of  the  primary  grades  of  the 
schools  in  which  the  children  are  too  young  to  make  profitable  use 
of  text  books  on  the  subject.  But  suitable  books,  properly  adapted 
to  the  age  and  comprehension  of  the  pupil  must  be  studied  by  all 
scholars  who  are  capable  of  learning  in  this  way. 

160.  The  subject  must  be  systematically  studied  as  well  as  taught, 
which  cannot  be  done  successfully  without  text-books  in  the  hands 
of  the  scholars.     The  proper  preparation  of  the  lessons  assigned  to 


(a)  Act  March  27,   1905,   sees.   1-4,   P.  L.  p.   60. 

(b)  Act  April  2,  1885,  sec.  2,  P.  L.  p.  7. 

(c)  Act  April  2,  1885,  sec.  3,  P.  L.  p.  7. 


OF  PENNSYLVANIA.  127 

the  pupils  in  the  daily  exercise  of  the  schools  makes  the  use  of 
text-books  absolutely  necessary,  even  if  the  law  did  not  peremptorily 
require  their  general  introduction  as  it  does  in  this  instance. 

161.  It  is  the  duty  of  directors  and  controllers  to  see  that  the 
provisions  of  the  law  are  fully  complied  with  in  all  departments 
of  the  schools  under  their  official  jurisdiction,  and  in  the  per- 
formance of  this  duty  they  ought  to  have  the  hearty  co-operation 
of  tne  patrons  of  the  schools. 

162.  It  is  the  manifest  intention  of  the  school  law  to  give  every 
child  in  the  State  of  prooer  age  an  opportunity  of  attending  school 
at  least  seven  months  in  each  year.  If  the  directors  refuse  or 
neglect  to  airord  such  opportunity,  they  may  be  removed  from 
office. 

163.  The  selection  of  books  is  left  entirely  to  the  directors,  with 
the  advice  of  the  teachers.  Superintendents,  if  asked,  may  freely 
express  their  opinion  of  a  book,  but  in  no  manner  encourage  its 
introduction  or  employment  in  the  schools  as  a  text-book.  No 
written  recommendation,  designed  to  introduce  particular  books, 
charts,  maps  or  any  other  article  of  school  supplies  into  the  com- 
mon  schools   should   ever  be   given   by   a   superintendent. 

CCCXIV.  That  all  vacancies  in  the  office  of  county  superintend- 
ent shall  be  filled  by  the  appointment  of  the  Super- 
intendent  of  Common   Schools,  until  the  next  tri-    Jned"""' 
ennial  convention  of  directors,  when  any  existing 
vacancies  shall  be  filled  by  election  in  the  usual  manner  for  the  full 
term  of  three  years  (d). 

164.  Removal  from  office  of  the  county  superintendent  will  take 
place  for  "neglect  of  duty,  incompetency  or  immorality,"  but  in 
all  cases  the  charge  must  be  in  writing  and  be  sustained  by  proof 
at  a  hearing,  after  full  notice  to  the  accused  party. 

CCCXV.  That  from  and  after  the  passage  of  this  act  it  shall 
oe  the  duty  of  the  county  commissioners  of  each 
county  in  this  Commonwealth,  and  they  are  here-   fuyerintendent*'' 
by  authorized  and  required  to  provide,  furnish  and 
maintain,   fit  and   suitable  office   rooms,   at   the   respective   county 
seats  of  said  counties,  for  the  use  of  the  county  superintendents  of 
schools   in   all   the   counties   of   the   Commonwealth,   and   the  said 
county  commissioners  shall  also  provide,  furnish  and  maintain  safe 
and  suitable  storage,  in  connection  with  such  office,  rooms,  for  the 
preservation   and   safe   keeping   of   the   school    records,    books   and 
documents  pertaining  to  such  offices  (e). 


(d)  Act  May  8,  1854,  sec.  44,  P.  L.  p.  627. 

(e)  Act  June  8,  1891,  sec.  1,  P.  L.  p.  228. 


128  SCHOOL   LAWS  AND   DECISIONS 

CCCXVI.  That  it  shall  bo  the  duty  of  the  county  officials  of  the 
DntT  nf  ,.n,intv  various  counties  of  this  Commonwealth  to  furnish, 
officials.  on   application    therefor,    to    the   head   of   any   de- 

partment of  the  government  of  this  Commonwealth, 
such  information  and  copies  of  such  records  or  documents  contained 
in  the  respective  offices  of  such  county  officials  as  in  the  opinion  of 
such  head  of  department  may  be  necessary  or  pertinent,  to  the 
work  of  his  respective  department  the  official  so  furnishing  in- 
rnmnpn-itinn  formatiou  shall  receive  for  his  services  in  copying 

How  payable:  **°^    forwarding    the    same    such    reasonable    com- 

pensation as  the  Auditor  General  may  determine, 
anu  be  paid  by  the  State  Treasurer  out  of  moneys  not  otherwise 
appropriated  upon  warrant  from  the  Auditor  General  (f). 

CCCXVII.  That    the   "Pennsylvania   School   Journal"   shall    be 
recognized    as    the    official    organ    of    the    Depart- 
Schoof  Journal        '^''°^  ^^  Common   Schools  of  this  Commonwealth, 
official  organ.  m  which  the  current  decisions  made  by  the  Super- 

intendent of  Common  Schools  shall  be  published 
free  of  charge,  together  with  all  official  circulars,  auu  such  other 
letters  of  explanation  and  instruction  as  he  may  find  it  necessary  or 
advisable  to  issue  from  time  to  time,  including  his  annual  report; 
and  the  Superintendent  is  hereby  authorized  to  subscribe  for  one 
A  coT)T  to  be  sent  ^^^^^  °^  ^^^'^^  "School  Journal,"  to  be  sent  to  each 
to  each  board  board   of  school  directors  in   the  State,   for  public 

use  and  charge  the  cost  thereof  to  the  contingent 
expenses  of  the  Department  of  Common  Schools  (g). 

1(35.  The  appropriation  acts  of  late  years,  instead  of  author- 
izing a  subscription  to  the  "School  Journal,"  name  a  specified 
sum  that  shall  be  at  the  disposal  of  the  State  Superintendent 
for  the  purpose  of  "publishing  and  circulating  among  the  school 
officers  of  the  State  the  official  decisions  and  instructions  of  the 
Department."  This  appropriation  is  equivalent  to  a  subscrip- 
tion, as  these  decisions  and  instructions  are  required  by  law  to 
be  published  in  the  "Journal." 

300.  The  Journal  is  the  official  organ  of  the  Department  of 
Public  Instruction,  and  the  decisions,  advices,  explanations,  con- 
struction and  information,  with  the  instructions  and  forms  pub- 
lished in  the  official  department  of  it,  are  of  equal  authority 
and  force  as  if  they  were  contained  in  this  digest. 

107.  The  copy  sent  to  the  secretary  of  each  district  at  the  cost 
of  the  State  is  to  be  laid  before  the  board  at  the  next  meeting 
after  its  receipt,  and  the  file  thus  received  is  to  be  preserved 
by  the  secretary  and  handed  to  his  successor. 


(f)  Act  April   14,   1897,   P.   L.  p.   22. 

(g)  Act  May  8,  1855,  sec.  9.  r.  t>.  p.   511. 


OF  PENNSYLVANIA.  120 

168.  Each  board  has  the  right  to  subscribe  for  one  copy  of 
the  "Journal"  for  each  member,  at  the  cost  of  the  district,  as 
a  means  of  information  in  relation  to  the  duties  of  their  offices, 
and  the  general  condition  and  operation  of  the  system  in  other 
parts  of  the  State. 

CCCXVIII.     That  it  shall  be  the  duty  of  the  county  superin- 
tendent   to    examine    all    the    candidates    for    the 
profession    of    teacher    (in    the    presence    of    the    feaXrs"""" 
boai'd    of    directors    or    controllers,    should    they 
desire    to    be    present,    to    whom    they    shall    first    apply    in    his 
county),    and    to    give    each    person    found    qualified    a    certificate 
setting  forth    the   branches   of   learning   he   or   she   is   capable   of 
teaching;    and    such    examination    and    certificate    shall    be    re- 
newed as  often  as  any  such  teachers  shall  be  employed  in  teach- 
ing any  branch   of  learning  other   than   those   enumerated   in   his 
or    her    certificate ;    and    no    teacher    shall    be    employed    in    any 
school   to  teach   other  branches   than   those  set   forth   in  such  cer- 
tificate of  said  teacher:  Provided,  That  the  county 
superintendent    may    annul    any    such    certificate    tmcat^s""'  '^^^ 
given   by   him   or   his   predecessor   in   office,   when 
he   shall    think   proper,   giving  at   least   ten   days'   previous   notice 
thereof,   in   writing,   to   the   teacher  holding   it,   and   to   the  direc- 
tors  and   controllers  of  the  district  in   which   he   or  she   may   be 
employed  (h). 

169.  An  examination  of  the  teachers  of  a  county  in  a  body,  or 
of  those  in  several  districts  at  one  time,  without  formal  consent 
of  all  the  directors  concerned,  is  clearly  contrary  to  law.  The 
presence  of  the  directors  of  the  district  in  whch  the  examina- 
tion is_  held,  or  an  opportunity  by  notice  to  be  present,  is  in  all 
cases  indispensable.  Superintendents  cannot  therefore  examine 
applicants  for  certificates  in  districts  or  counties  where  they  have 
no   official  jurisdiction. 

170.  Applicants  of  known  or  proved  immoral  habits  are  not 
to  be  examined  at  all,  no  matter  what  their  .literary  or  profes- 
sional claims.  The  examination  of  persons  to  whom  no  certi- 
ficate could  issue  would  be  but  waste  of  time. 

171.  Certificates  of  any  class  granted  by  a  county  superintend- 
ent may  be_  annulled  by  him,  but  only  for  cause.  The  same 
causes  that  justify  a  board  of  directors  in  discharging  a  teacher 
should  be  the  rule  with  the  county  superintendent.  These  are 
incompetency,  cruelty,  negligence  and  immorality.  And  there 
should  be  a  charge  and  a  hearing  in  all  cases,  unless  the  facts 
are  personally  and  officially  known  to  the  superintendent. 


(U)    Act    May    S,    18.54.    soc.    41,    P.    L.    p.    626. 


130  SCHOOL  LAWS  AND  DECISIONS 

172.  Dismissal  from  the  profession  should  not  take  place,  ex- 
cept for  some  cause  known  or  proved  to  the  satisfaction  of  the 
county  superintendent.  The  words  of  the  law,  taken  literally, 
confer  the  arbitrary  power  without  reason  assigned,  or  hearing. 
But  no  person  fit  for  that  responsible  office  will  attempt  to 
exercise  it  in  such  manner.  If  the  cause  become  officially  known 
to  the  county  officer  in  the  discharge  of  duty,  neither  charge 
formally  made  nor  hearing  is  required.  But  if  not  so  known, 
the  charge  is  to  be  preferred  in  writing,  due  notice  of  it  given, 
and  a  full  hearing  conceded. 

173.  Public  notice  of  the  annulment  of  a  certificate  should  be 
given,  unless  the  holder  voluntarily  gives  it  up  to  the  county 
superintendent,  on  the  decision  of  the  case  against  him.  This 
notice,  or  the  resignation  of  the  certificate,  is  necessary  to  pre- 
vent the  party  from  obtaining  employment  elsewhere ;  and  a 
teacher  with  an  annulled  certificate  is  to  be  forthwith  dismissed 
from  the  school. 

_  174.  Intemperance,  dishonesty,  or  other  immorality  is  suffi- 
cient to  justify  the  annulment  of  a  certificate  by  a  county  su- 
perintendent. He  is  not  merely  to  annul  for  want  of  profes- 
sional knowledge.  A  good  moral  character  is  as  much  a  requi- 
site of  the  teacher  as  literary  attainments.  This  is  true  also  of 
superintendents   of   schools. 

CCCXIX.  That  the  county  superintendent  shall  annually  on 
,        ,  ^     ,    01"  before   the   first   Monday   in   June,   forward   to 

4un"ty   superin-       **^    Superintendent    of    Common    Schools    the    re- 
tendenta  ports   of   the   several   school    districts   of   their   re- 

spective counties,  and  shall  also  themselves  make 
an  extended  report  of  the  condition  of  the  schools  under  their 
charge,  suggesting  such  improvements  in  the  school  system  as 
they  may  deem  useful,  and  giving  such  other  information  in  re- 
gard to  the  practical  operation  of  common  schools,  and  the  laws 
relating  thereto,  as  may  be  deemed  of  public  interest   (i). 

175.  The  annual  reports  of  the  districts  and  the  affidavits 
and  certificates  are  to  be  forwarded  to  the  proper  county 
superintendent,  and  after  being  found  to  be  correct,  are  to  be 
marked  "approved,"  signed  by  him,  and  forwarded  to  the  De- 
partment of  Public  Instruction.  If  not  correct,  they  are  to  be 
returned  by  him  to  the  proper  board  to  be  made  so,  and  then 
forwarded. 

_  176.  The  annual  report  required  by  law  is  to  be  prepared  and 
signed  by  the  old  officers  of  the  board,  and  they  are  also  to 
make  affidavit  to  the  facts  necessary  to  secure  the  State  appro- 
priation. These  documents  are  then  to  be  placed  in  the  hands 
of  the  new  board,  to  receive  the  names  and  addresses  of  the 
officers,  and  be  transmitted  to  the  county  superintendent. 

(I)  Act  May  8,  1854,  sec.  42,  P.  L.  p.  627. 


OF  PENNSYLVANIA.  131 

177.  All  the  district  reports  must  be  on  file  in  the  Department 
of  public  Instruction  by  the  fifteenth  of  July  annually.  If 
detained  beyond  that  time,  the  delay  causes  very  serious  em- 
barrassment in   the  operations  of  the  Department. 

CCCXX.  That  the  county  superintendent  of  each  county  in 
this     Commonwealth     is    hereby    authorized     and    „    ,  ., 

required,  once  in  each  year,  at  such  time  and  jjfsYjtute 
place  as  he  or  a  properly  authorized  committee 
of  teachers  acting  with  him,  may  deem  most  convenient,  to 
call  uuon  and  invite  the  teachers  of  the  common  schools,  and 
other  institutions  of  learning  in  his  county,  to  assemble  to- 
gether and  organize  themselves  into  a  teachers'  institute,  to 
be  devoted  to  the  improvement  of  teachers  in  the  science  and 
art  of  education,  to  continue  in  session  at  least  five  days,  in- 
cluding a  half  day  for  going  to  and  a  half  day  for  returning 
from  the  place  of  meeting  of  the  said  institute,  and  to  be 
presided  over  by  the  county  superintendent,  or  by  some  one 
designated  by  him,  and  be  subject  in  its  general  management, 
to   his   control   (j). 

CCCXXI.     That  each  county  superintendent,   upon   the  assem- 
bling   of    the    teachers'    institute    of    his    county, 
shall    cause    a    roll    of    members    to    be    prepared.    Calling  of  roll, 
which    roll   shall   be   called   at   least   twice   every   day   during   the 
session     of    the    institute,     and     all     absentees     to     be     carefully 
marked,    and    from    which,    upon    the    adjournment    of    the    insti- 
tute, he  shall  ascertain   the  exact  number  of  teachers  who  were 
in    attendance,    and    the    length    of    time    each    attended ;    and 
upon  the  presentation  of  a  certificate,  at  the  close  of  the  session 
of    each    annual    institute,    setting   forth    these    facts,    and    signed 
by    the    county    superintendent,    to    the    treasurer    of    the    proper 
county,    he    is    hereby    authorized    and    required 
to    Day    immediately,    out    of    any    money    in    the    bounty  treasurer 
county      treasury      not      otherwise      appropriated    sum.'*^  ^  '^^"  '*'° 
to    the    county     superintendent,     one    dollar    for 
every  three  days  spent  by  the  teachers  of  the  county  in  attend- 
ance  at   the   institute   for   that   year,    or   so   much   of   it   as   may 
be    needed ;    such    money    to    be    expended    by    the    county    super- 
intendent  in   procuring   the   services   of   lecturers   and   instructors 
for    the    institute,    and    in    providing    the    necessary    apparatus, 
books  and   stationery  for  carrying  on  its  work:   Providing,   That 
the    amount     which     may     be     drawn     from     the 
county   treasury   shall   in    no   case   be   more    than    Proviso, 
two  hundred  dollars,  but  may  in  all  cases,  be  sixty  dollars ;  if  it 
shall   appear,   from   the  vouchers   presented   by   the  county  super- 


(j)   Act  April  9,  1867,  sec.  2,  P.  L.  p.  52. 


132  SCHOOL  LAWS  AND  DECISIONS 

intendent  to  the  county  auditors,  as  required  by  the  fourth  sec- 
tion of  tnis  act,  that  this  sura  has  been  actually  expended  for 
the  purposes  herein  specified  (k). 

CCCXXII.     That   all   boards   of  school   directors  and   board   of 
controllers    shall    be    and    are    hereby    authorised 
Teachers  ^o  he       ^nd    required    to    pay    the    teachers    employed    in 
auce  '^"^°*^'    the   public   schools   of   the   several    districts   with- 

in their  jurisdiction,  for  attendance  upon  the 
sessions  of  the  annual  county  institutes,  in  the  respective 
counties  (1). 

CCC^vA-III.     Compensation    for    institute    attendance    shall    be 
based    on    the    official    reports    made    to    the    sev- 
Compensatlon  g^.^j    boards    of    directors    or    controllers,    by    the 

ow  conipu  'i  .  pi-oper  county,  city  or  boroujih  superintendent, 
who  shall  report  the  daily  attendance  of  teachers  to  the  re- 
spective boards  by  which  they  are  employed,  and  such  compen- 
sation shall  be  allowed  by  the  directors  or  controllers,  and  paid 
by  the  district  treasurer  to  the  teachers  entitled  to  receive  the 
same    (m). 

CCCXXIV.     Compensation,   as  herein   authorized,   shall   not  be 
less   than   the   per  diem   pay   for  actual   teaching: 
How  much.  Provided,    That    it    shall    not,    in    any    case,    ex- 

ceed two  dollars  per  diem,  and  it  shall  be  allowed  and  paid  to 
tne  teachers,  in  their  respective  districts,  for  each  day's  at- 
tendance, reported  as  aforesaid,  by  the  proper  superintendent: 
And  provided,  further.  That  a  common  school  month  shall  con- 
sist of  twenty  daj's'  actual  teaching  as  now  re- 
ScUooi  month.         quired  by  law  (n). 

178.  Neither  boards  nor  teachers  have  a  legal  right  to  make 
contracts  which  are  not  in  accordance  with  the  provisions  of 
this   act. 

CCCXXV.     That  it  shall  be  lawful  for  the  board  of  school  di- 
rectors   or    controllers    of    any    city    or    borough, 
oue^a  bavine^^not    '^"^'ich     has     elected     a     superintendent    and     em- 
less  than  fifty        ploys     not     less     than     seventy-five     teachers,     by 
teachers   may  resolution    at    any    stated    meeting    and    duly    re- 

hoia  separat--  In-  corded  to  authorize  the  holding  of  separate 
^  annual    teachers'    institute    for   said    city    or   bor- 

ough, and  in  all  matters  pertaining  to  the  holding  of  institutes 
shall  be  in  no  wise  subject  to  the  authority  and  jurisdiction  of 
the   superintendent   of   the   schools   of   the   county   in   which    said 


(k)    Act  April  9,   1867,  sec.   3,   P.   L.   p.   52. 
(1)   Act  April  13.  1887,  sec.   1,  P.  L.  p.  20. 
(m)    Act  April  13,  1887,  sec.   2,  P.  L.  p.  21. 
(n)    Act  April  13,  1887,  sec.  3,  P.  L.   p.   21. 


OF  PENNSYLVANIA.  133 

city  or  borough  is  located ;  and,  when  the  holding  of  said  sepa- 
rate annual  institute  shall  have  been  so  authorized  as  afore- 
said, the  superintendent  of  the  schools  of  said  city  or  borough 
shall  have  power  to  call  a  teachers'  institute,  and  to  draw  from 
the  county  treasury  moneys  for  the  support  of  the  same ;  in 
like  manner  and  to  the  same  extent  as  the  county  superintend- 
ents of  this  Commonwealth  are  now  empowered  to  do,  and  the 
said  annual  institute  shall  have  power  to  elect  a  committee  on 
permanent  certificates  in  and  for  said  city  or  borough,  as 
county  institutes  are  now  empowered  to  do  for  their  respective 
counties  (o). 

Note. — Act  June  28,  1895,  P.  L.  p.  415,  changes  seventy-live  to 
fifty  as  the  minimum  number  of  teachers  required  for  a  sepa- 
rate annual   institute. 

CCCXXVI.     Be  it  enacted,  etc.,  That  city  and  borough  teach- 
ers' institues  may  be  held,  through  out  the  school 
year,    on    any    five    days,    or    any    ten    half-days,    ^^If  ^^^  ^°_;; 
which     the    city    or    borough     superintendent    of    i^uftitutes  ^"^^ 
schools  may  select  for  this  purpose  (p). 

CCCXXVII.     That  each  county  superintendent  who  may  draw 
money    from    the    county    treasury    for    the    pur- 
poses   named    in    this   act,    shall    file    his   account    jy"|'  .fccouilr''' 
of   all    expenditures    under   the    act,    in    the   office 
of    the    county    treasurer,    with    vouchers    for    the    same,    which 
will   be  examined   by   the  auditors   of   the  county  in   like  manner 
PS   other   county   expenditures ;    and   any   misapplication   of   funds 
shall  be  punished  in  the  same  manner  as  collectors  of  State  and 
county  taxes  for  like  offenses  are  now  punished  (q). 

CCCXXVIII.     That   all   county  superintendents,   upon   the   ad- 
journment of  the  teachers'  institutes  held  in  their 
respective   counties   are  herebv   required    to   report    -^^"^/  report  to 
to    the    Superintendent    of    Common    Schools    the    femlent  ^^"^     " 
number    of    teachers    in    attendance,     the    names 
of   the   lecturers   or  instructors   who   officiated,   the  subjects   upon 
which  the  instruction  was  given  and  the  degree  of  popular  interest 
awakened  by  the  proceedings  (r). 

179.  County  superintendents  are  required  to  forward  to  the 
Department  of  Public  Instruction  a  report  of  the  annual  county 
institute,  setting  forth  in  detail  the  items  called  for  by  the  form 
prescribed  by  the  Superintendent  of  Public  Instruction. 


(o)  Act  May  24,   1887,  sec.   1,   P.  L.   p.   196. 

(p)  Act  April   4,    1907,   sec.   1,   P.   L.   p.   43. 

(q)  Act   April  9,   1867,   sec.   4.   P.   L.   p.   53. 

(r)  Act  April  9,  1867,  sec.  5.  P.  L.  p.  53. 


134  SCHOOL  LAWS  AND  DECISIONS 

CCCXXIX.     County,   city   and   borough    superintendents   shall 
,  issue    two    grades    of    teachers'    certificates,     one 

Mtei?^        "^^  of    which    shall    be    called    a    provisional    certifi- 

cate,   and    shall    be    given    to    applicants    possess- 
ing  a   fair   knowledge   of   the   branches   named   in   section   eleven, 
or     to     those     who,     possessing    a     thorough     knowledge     of     the 
branches,    have    little    or    no    experience    in    teaching,    and    shall 
license  the  holder  to  teach  in  the  county,  city  or  borough  where 
issued   for  one  year,   and   which   shall   not  be   renewed   without  a 
re-examination,   and   the  other  shall   be  called  a   professional   cer- 
tificate,   and    shall    be    given    only    to    those    who 
Hflcafe    °*    ^^^'     possess    a    thorough    knowledge    of    the    branches 
above    named    and    who    have    had    successful    ex- 
perience in  teaching,  and  shall  license  the  holder  to  teach  in  the 
county,    city   or   borough    where    issued,    during   the    official    term 
of   the   county,    city    or   borough    superintendents    issuing    it,    and 
for   one   year   thereafter:    Provided,    That   all    so- 
Proviso.  called    profesional    certificates    heretofore    issued 

by  any  county,  city  or  borough  superintendent,  shall  cease  to 
be  valid  on  the  first  Monday  of  June,  one  thousand  eight  hun- 
dred and  sixty-eight,  except  those  issued  since  the  first  Mon- 
day of  June,  one  thousand  eight  hundred  and  sixty-six,  which 
certificates  shall  be  valid  as  long  as  others  issued  during  the 
present  term  of  the  superintendency:  Provided, 
Proviso.  That    any    professional     certificate     may     be     re- 

newed by  a  county,  city  or  borough  superintendent  without  re- 
examination, after  having  fully  satisfied  himself  by  personal 
observation  in  his  or  her  school,  of  the  competency  and  skill 
as  a  teacher  of  the  person  holding  it:  Provided  further,  That 
the  State  Superintendent  of  Common  Schools  shall  cause  to  be 
prepared  a  new  grade  of  teachers'  certificates,  to  be  called  a 
permanent  certificate,  which  shall  be  granted  by  him  to  prac- 
.  .,  tical  teachers  holding  professional  certificates, 
Itife^  upon     the     recommendation     of     the     board     or 

boards    of    directors    in    whose    employment    the 
Recommendiitlon      applicant    shall    have    taught    for    the    three    pre- 
re  ^°a^^  "'  ^^'       ceding     annual     school     terms,     which     shall     be 
*^  *"^  ■  countersigned     by     the     proper    county,     city     or 

borough  superintendent  in  office  when  the  application  shall  be 
made  and  approved,  after  examination,  if  they  deem  it  nec- 
essary, by  a  committee  of  five  teachers,  a  part  of  whom  may 
be  females,  holding  permanent  certificates,  if  there  be  so  many 
holding  such  certificates ;  but  if  there  be  none  or  not  sufficient 
number  of  that  grade  of  teachers,  the  committee  shall  be  con- 
stituted wholly  or  in  part,  as  the  case  may  be,  of  teachers 
holding    professional    certificates ;    said    committee    to    be    elected 


OF  PENNSYLVANIA.  135 

by  ballot  by  the  members  of  the  teachers'  institute,  at  its  an- 
nual session,  from  the  same  county,  city  or  borough  in  which 
the  applicant  resides  at  the  time  of  making  the  anplication ; 
and  such  permanent  certificates  shall  continue  to  be  valid  in 
such  county,  city  or  borough,  unless  forfeited  accoruing  to  the 
provisions  of  this  act;  shall  also  entitle  the  holder  to  teach 
one  year  in  any  other  county,  city  or  borough  in  this  Common- 
wealth, without  re-examination,  at  the  end  of  which  time  it 
may  be  ondoi"sed  by  the  proper  county,  city 
or  borough  superintendent,  if,  from  personal  ^^^^  ^^  indorsed, 
knowledge,  he  deem  it  worthily  held,  and  it  shall  then  con- 
fer upon  the  holder  the  same  rank  and  privileges  as  in  the 
county,  city  or  borough  where  issued ;  and  such  permanent 
certificate  shall  only  be  annulled  upon  complaint  duly  proven 
of  incompetency,  cruelty,  negligence  or  immorality  made  to 
the  State  Superintendent  of  Common  Schools,  by  a  county,  city 
or  borough  superintendent,  and  a  committee  of  teachers  elected 
and   constituted   as   aforesaid    (s). 

180.  A  provisional  certificate  is  valid  for  one  year  from  the 
date  of  issue  in  the  county,  city  or  borough  in  which  it  was 
granted.  It  cannot  be  renewed  without  a  re-examination  of 
ttie  holder,  and  cannot  be  made  valid  in  any  other  county,  city 
or  borough  by  the  official  endorsement  of  a  superintendent 
therein. 

CCCXXX.      That   all    examinations   for   permanent   certificates 
for    teachers    in    the    common    schools,    shall    be 
by    written    questions    and    answers ;    and    in   case    f^/'^ernr  ^ent 
the   examination   of   the   applicant   is   satisfactory   certiiicates. 
to    committee    of    teachers    on    permanent    certifi- 
cates,  the   list   of   questions   and   answers,   with    all   other   papers 
accompanying  the  application,  shall  be  forwarded  to  the  Depart- 
ment of  Public  Instruction,  and  if  approved  by  the  Superintendent 
of   Public    Instruction,    he   shall    issue   and   forward    to    the   appli- 
cant a  permanent  certificate  in  accordance  with  the  recommenda- 
tion made  by  the  committee  as  now   required  by   law:   Provided, 
That    the   questions    shall    be    answered    immediately    and    in    the 
presence  of  the  committee  (t). 

CCCXXXI.      That    the    Superintendent    of    Public    Instruction 
shall    cause    to    be    prepared    a    new    grade    of 
teacher's    certificates    to    be    called    a    permanent    fjac^afeT"'  '^^ 
certificate,    which    shall    be    granted    by    him    to 
practical     teachers     holding     professional     certifi-    How  and   to 
cates    upon    the    recommendation    of    the    board    whom  granted. 


(s)    Act  April  8,  1867,  sec.   12,  P.  X..  p.  55. 
(t)   Act  June  23,  1883,  sec.   1,  P.  L.  p.  156. 

10 


136  SCHOOL   LAWS   AND   DECISIONS 

or  boards  of  directors  in  whose  employment  the  applicant  shall 
have  taught  for  the  three  preceding  annual  school  terms, 
which  shall  be  countersigned  by  the  proper  county,  city  or 
borough  superintendent  in  office  when  the  application  shall 
PtaminiHon  h»  ^^  made,  aud  approved,  after  examination,  by 
committee  ^    committee    for    each    county    or    city    in    case 

a     separate     teachers'     annual     institute     is    held 
therein,    which   committee   shall    consist   of   three   practical    teach- 
ers   holding    a    valid    teachers'    certificate,     who 
Members  of  com-    shall     be     appoiuted     and     commissioned     as     ex- 
Sntment  aminers  for  a   term  of  three  years  by  the   Super- 

intendent of  Public  Instruction,  and  who  shall  be 
subject  to  removal  by  him  at  any  time,  and  such  permanent  ccr- 
„    ,  ,       ,  tificates  shall  continue  to  be  valid  in  such  county, 

tiUcates  '^"'  cJty  or  borough  unless  forfeited  according  to 
the  provisions  of  this  act,  and  shall  also 
entitle  the  holder  to  teach  one  year  in  any  other  county, 
city  or  borough  in  this  Commonwealth,  without  re-examination, 
at  the  end  of  which  time  it  may  be  endorsed  by  the  proper  county, 
city  or  borough  superintendent,  if  from  personal 
Endorsemenia.  knowledge,  he  deem  it  worthily  held,  and  it  shall 

then  confer  upon  the  holder  the  same  rank  and  privileges,  as  in 
the  county,  city  or  borough  where  issued,  and  such  permanent 
„       „  certificates    shall     only     be    annulled     upon     com- 

be"^ annulled. '""'  plaint,  duly  proven  of  incompetency,  cruelty,  negli- 
gence or  immorality  made  to  the  State  Superin- 
tendent of  Common  Schools  by  a  county,  city  or  borough  superin- 
tendent and  a  committee  of  teachers  elected  and  constituted  as 
aforesaid    (u). 

181.  No  committee  on  teachers'  certificates  should  consent  to 
investigate  the  case  of  an  applicant  until  a  recommendation  in 
his  favor,  signed  by  the  proper  directors  and  county  superin- 
tendent, in  the  form  required  by  this  Department,  is  presented 
to  them.  No  teacher  can  make  legal  application  for  a  per- 
manent certificate  who  has  not  taught  "the  three  preceding  an- 
nual school   terms  in  the  public  schools  of  this  Commonwealth." 

182.  Any  teacher  desiring  to  apply  to  the  State  Superintendent 
for  a  permanent  certificate  should  procure  from  the  county 
superintendent,  and  fill  up,  the  necessary  blanks  and  present 
them  to  the  proper  authorities  for  their  action  and  signatures. 
They  should  first  be  presented  to  the  board  or  boards  of  directors, 
next  to  the  county  superintendent,  and  afterwards  to  the  com- 
mittee on  teachers'  certificates.  Teachers  of  private  schools  can- 
not obtain  permanent  certificates,  and  are  not  eligible  to  mem- 
bership on  the  committee. 

(u)    Act  June  28,   1895,  sec.   1,  P.   L.  p.   417. 


OP  PENNSYLVANIA.  137 

183.  Applications  for  permanent  certificates  must  be  approved 
by  the  county  superintendents  of  all  the  counties  in  which  the 
applicant  taujjht  for  the  three  annual  terms  immediately  pre- 
ceding the  time  of  making  such  application.  For  instance,  if 
a  teacher  during  this  time  should  have  taught  in  two  counties, 
he  must  have  the  signatures  of  both  county  superintendents 
to  his  application  ;  if  he  has  taught  under  the  supervision  of 
three  superintendents,  whether  of  county,  city  or  borough,  the 
application  must  be  approved  by   the  several   superintendents. 

CCCXXXII.      That    after    the    passage    of    this    act    the    State 
Superintendent     of     Public     Instruction     be     em- 
powered    to,     and     shall     grant,     without     exam-    ^I^°  Itete  fe'ach- 
mation,     permanent     State     teachors      certmcates    g^g.    certiaeates. 
to    all    applicants     therefor    who    are    graduates 
of    recognized    literary    or    scientific    colleges    legally    empowered 
to    confer    the    degrees    of    Bachelor    of    Arts    (B.    A.),    Master 
of    Arts     (M.     A.),     Bachelor    of     Science     (B.     S.),     Master    of 
Science  and   Bachelor  of  Philosophy   (I'h.   D.),  and  whose  course 
of  study  embraces  not   less   than   four  collegiate  years:   Provided, 
Said   applicants   are   at   least   twenty-one   years   of  age  and   have 
taught    at    least    three   full    annual    terms    in    the 
public    schools    of    the    Commonwealth:    Provided    ^^onrtitions. 
further,  That  each  applicant  shall  produce  to  the  said  State  Su- 
perintendent  of   Public    Instruction   a   certificate   from   the   school 
board    or    boards,    countersigned    by    the    county    superintendent 
of  the   same   county   where   he   or  she   last   taught,   showing   that 
the    said    applicant    is    a    person    of    good    moral    character,    has 
been   successful    as    a   teacher   in    the   public   schools   during   said 
term:    And    provided    further.    That    said    certificates    shall    be 
granted  by   the   State   Superintendent  of   Public   Instruction   after 
having    received    satisfactory    evidence    from    the    said    applicants 
that  they  have  complied  with  the  requirements  of  this  act  (v). 

CCCXXXIII.     That    the    forms    of    application    shall    be    sub- 
mitted    by    applicants,     and     the     certificates     to 
be    issued    in    accordance    with    the    provisions    of    int^n^ent  of  I'ub"' 
this     act     shall     he     prescribed     and     determined    ij^  lustructi- u. 
by     the     Superintendent     of     Public     Instruction, 
and    he    shall    have    authority    to    annul    such    certificate    granted 
by  himself  or  predecessoi-s  in  office  upon  complaint,  duly  proven, 
of   incompetency,    cruelty,    negligence   or   immorality   on    the   part 
of  the  holder  thereof  (w). 

CCCXXXIV.     That   for   the   purpose  of  establishing  interstate 
comitv    in    permanent    licenses   to    teach,    the    Su- 
perintendent  of   Public    Instruction    of    the    State    J"*^/*!*!^^"?/*'' 
of  Pennsylvania  be,  and  he  is  hereby,  authorized    censes. 
to   endorse   Normal    School    diplomas   and    perma- 

(v)   Act  of  May  10,   1893,  sec.  1,  P.  L.  p.  39. 
(w)    Act  of  May  10,  1893,  sec.  2,  P.  L.  p.  40. 


138  SCHOOL  LAWS  AND  DECISIONS 

nent  certificates  granted  to  teachers  in  other  states  in  the  Union: 
Pi'ovided,    That    such    Normal     School    diplomas 
Proviso.  Qj.    permanent    certificates    are    valid    licenses    to 

teach  in   the  states   by  whose  authorieis  they  were  issued:     And 
provided    further,    That    such    diplomas    or    cer- 
Provlso.  tificates     be     accompanied     by     recommendations 

showing  the  holder  to  have  taught  successfully  within  two  year's, 
and  such  Normal  School  diplomas  and  permanent  certificates, 
when  so  endorsed,  shall  be  available  for  like  purpose,  and  have 
the  same  force  and  effect,  as  certificates  of  like  grade,  for  like 
purpose,  by  the  Superintendent  of  Public  Instruction  of  this 
Commonwealth  (x). 

CCCXXXV.  Provided  further,  That  the  provisions  of  this  act 
Limitation  of  shall   be  extended   only   to   those   states   which   by 

the  provisions  of  Legislative  enactment  grant  the  same  privilege 
^^^-  to   teachers   of   this   Commonwealth    (y). 

CCCXXXVI.  The  Superintendent  of  Public  Instruction  shall 
have  authority  to  annul  such  Normal  School 
Annulment.  diplomas     and     permanent     certificates,     endorsed 

and  validated  by  himself  or  predecessors  in  ofiice,  upon  com- 
plaint, duly  proven,  of  incompetence,  cruelty,  negligence  or  im- 
morality on  the  part  of  the  holder  thereof  (z). 


CITY  AND  BOROUGH   SUPERINTENDENTS. 

CCCXXXVII.  That  the  school  directors  of  any  city  or  bor- 
ough in  this  Commonwealth,  having  a  popu- 
Cit'es,  borongljs  lation  of  over  five  (a)  thousand  inhabitants, 
and  townsiiips  May  on  the  first  Tuesday  of  May,  one  thou- 
having  certain  sand  eight  hundred  and  sixty-nine,  and  every 
population  may  third  year  thereafter,  elect,  viva  voce,  by  a 
tendent"^^"°'  majority     of     the     whole     number     of     directors 

present,  one  person  of  literary  and  scientific 
acquirements  and  skill  and  experience  in  the  art  of  teaching, 
as  city  or  borough  superintendent,  for  the  three  succeeding 
school  years,  and  the  said  school  directors  shall  determine 
the  amount  of  compensation  for  said  city  or  borough  super- 
intendent, which  compensation  shall  be  paid  by  the  same  ofii- 
cers    as    pay    the    salaries    of    teachers    in    such    school    district. 


(x)  Act  May  11,  1901,  sec.   1,  P.  L.  p.   185. 

(y)  Act  May  11,  1901,  sec.  2,  P.  L.  p.   184. 

(z)  Act  May  11,  1901,  sec.   3,  P.  L.   p.   184. 

(a)  Act  June  10,   1881,  sec.   1,  P.  L.   p.   97. 


OF  PBNNSYIjVANIA.  139 

and  in  the  same  manner  as  such  salaries  are  now  paid:  Pro- 
vided, That  nothing  in  this  act  shall  prevent 
the  directors  of  any  city  or  borough  from  Proviso, 
electing  a  superintendent  to  serve  from  time  of  election  until 
the  commencement  of  the  school  year  one  thousand  eight 
hundred  and  sixty-nine,  from  filling  a  vacancy,  should  any 
occur,  for  the  unexpired  term  of  said  office: 
Provided  also.  That  the  president  of  the  Proviso, 
board  of  directors  or  controllers  of  any  city  or  borough  in 
this  Commonwealth  shall,  at  any  time  after  the  passage  of 
this  act,  if  so  requested  in  writing  by  seven  directors  or  con- 
trollers, call  a  convention,  giving  at  least  five  days'  notice 
thereof  to  all  the  directors  of  said  city  or  borough,  to  deter- 
mine whether  they  will  elect  a  city  or  borough  superintendent 
in  accordance  with  the  provisions  of  this  act ;  and  if,  at  such 
meetings,  it  shall  be  decided  to  hold  such  an  election,  the  said 
directors  shall  again  convene  at  the  time  appointed  by  this 
section  of  this  act,  or  at  any  other  time,  in  accordance  with 
its  provosions,  and  at  a  place  fixed  upon  by  themselves,  when 
they  shall  proceed  to  carry  their  determination  into  effect  in 
the  same  manner  as  is  done  by  conventions  held  for  the  elec- 
tion of  county  superintendents ;  and  all  subsequent  conventions 
for  carrying  into  effect  the  purposes  of  this  act  shall  be  called 
in  the  same  manner  by  said  president  of  the  board  of  directors 
or  controllers  of  such  city  or  borough  (b). 

CCCXXXVIII.     That  it  shall  be  the  duty  of  the  president  and 
secretary    of    the    meeting    of    the    directors    of 
any    city    or    borough    at    which    a    city    or    bor-    giectwu'"^ 
ough    superintendent    has    been    elected,    to    cer- 
tify   to    the    Superintendent    of   Common    Schools    the    name   and 
address    of    the    person    elected    city    or    borough    superintendent 
in    pursuance    of    the    provisions    of    this    act,    and    those    of   all 
other   candidates   who    received   votes,    together   with    the   amount 
of  compensation   fixed   upon   by   said   directors ;   upon   the   receipt 
of    such    certificate,    if    no    valid     objection    be    received     within 
thirty    days    after    the    day    of    election,    the    Superintendent    of 
Common     Schools     shall     commission     the     per-  .    . 

son  so  elected  for  the  term  for  which  he  was  <-ommission. 
elected ;  but  if  objections  to  issuing  such  commission  be  made 
within  thirty  days,  the  Superintendent  of  Common  Schools  shall 
proceed  with  the  like  power  and  in  like  manner  as  he  is  now- 
required  to  do  where  objections  are  made  against  issuing  com- 
missions to  persons  claiming  to  be  elected  county  superin- 
tendent, (c). 

(b)  Act  April  9,  1867,  sec.   7,  P.  L.  p.  53. 

(c)  Act  April  9,   1867,   sec.   8,  P.  L.  p.   54. 


140  SCHOOL  LAWS  AND   DECISIONS 

CCCXXXIX.  That  from  aud  after  the  appointment  of  a  city 
or  borough  superintendent  in  any  city  or  bor- 
Not  to  be  Bub-  ou?h  in  this  Commonwealth,  and  the  proper 
Ject  to  authority  notification  of  the  Superintendent  of  Common 
rntemieut^  ^"^^'""  Schools  of  the  fact,  such  city  or  borough  shall 
not  be  subject  to  the  authority  and  jurisdiction 
of  the  county  superintendent  of  the  county  in  which  such  city 
or  borough  is  located,  except  that  in  the  matter  of  holding 
the  annual  teachers'  institutes,  as  provided  by  sections  second, 
third,  fourth  and  fifth  of  this  act,  in  which  the  city  or  borough 
superintendent  shall  cooperate;  nor  shall  the  directors  of  such 
city  or  borough  vote  at  any  election  for  county  superintend- 
ents (d). 

CCCXL.     It  shall  be  the  duty  of  all  city  or  borough  superin- 
tendents   to    take    a    similar    oath    or    affirmation 
fntendents   ^"^^'''    to     that     now     required     of     county     superintend- 
ents,    to     perform,     within     the     limits    of     their 
several   jurisdictions,    all    the   duties    now   by    law    enjoined   upon 
county    superintendents,    and    to    discharge    such    other   duties    as 
the    by-laws,    rules   and    regulations    of    the    respective    boards    of 
directors  may  require ;  and  it  shall  be  their  further  duty,  in  ad- 
dition   to    an    annual    report,    to    report    monthly 
Make  annual  re-      ^q    j-he    Department    of    Common     Schools,     such 
meetings  f'^cts    relating    to    their    work   and    the    condition 

of  the  schools  under  their  charge  as  may  be  re- 
quired by  the  Superintendent  of  Common  Schools,  and  to  attend 
meetings  of  superintendents  called  by  said  Superintendent  of 
Common  Schools  (e). 

Note. — Act  of  May  7,  1885,  sec.  1.  P.  L.  page  15,  extends  privi- 
leges of  above  act  to  townships  having  over  five  thousand  in- 
habitants. 

CCCXLI.  That  the  school  directors  of  any  township  in  this 
Commonwealth  having  a  population  of  over 
ciX1''^df'°8^'Uooi8'  ^'""'^  thousand  inhabitants  may,  at  the  time 
in  townships  of  of  the  annual  election  of  teachers,  elect  viva 
over  4.000  la-  voce,  by  a  majority  of  the  whole  number  of 
habitants.  directors,      one      person,      holding     a      permanent 

Normal  school  of  this  Commonwealth,  as  supervising  principal 
of  public  schools  of  said  township,  or  may  employ  one  of  the 
teachers    of    said    township,     having    said    qualifications    to    per- 


(d)  Act  April  9,   1867,  sec.  9,  P.  L.  p.   54. 

(e)  Act  April  9,   1867,   sec.   10,  P.  L.  p.   .55. 


OF  PENNSYLVANIA.  141 

form    the    duties    of    supervising    principal,    for    a    term    not    ex- 
ceeding  three   years,    at    a   salary    to   be   fixed    by 
the    school    board    at    the    time    such    supervising    Term, 
principal  shall  be  elected  or  employed  ff). 

CCCXTill.     Such  supervising  nrincipal  when  elected,  shall  dis- 
charge   such    duties    as    the    county    superintend-  *      i„ 
ent   of  public  schools  and   the  board   of  directors    ^^^^^^  °^  p"°" 
by    whom    he    was    employed    may    require,    and 
shall   be    removed    from   office   in    the   same   manner  and    for    the 
same    causes    as     teachers    in    the    public    schools    may    be    re- 
moved  (g). 

STATE   NORMAL   SCHOOLS. 

CCCXLIII.     That   for   the  purposes   of   the   following  act,   the 
counties  of  Delaware.   Chester,   Bucks  and   Mont-  i       i     i 

gomery  shall  form  the  first  normal  school  district;  disMcts.  ° 
Lancaster,  York  and  Lebanon  the  second  ;  Berks, 
Schuylkill  and  Lehigh  the  third;  Northampton,  Carbon,  Monroe, 
Pike.  Luzerne  and  Wayne  the  fourth ;  Wyoming.  Sullivan.  Sus- 
quehanna, Bradford.  Lycoming  and  Tioga  the  fifth  ;  Dauphin, 
Northumberland,  Columbia,  Montour,  Union,  Snyder,  Perry,  Ju- 
niata and  Mifflin  the  sixth  ;  Cumberland,  Adams,  Franklin,  Fulton, 
Bedford.  Huntingdon  and  Blair  the  seventh  ;  Centre.  Clinton,  Clear- 
field, Elk,  Potter,  McKean,  Jefferson,  Clarion,  Forest  and  Warren  the 
eighth ;  Cambria.  Indiana,  Armstrong  and  Westmoreland  the 
ninth ;  Washington,  Fayette,  Greene  and  Somerset,  the  tenth ; 
^.^egheny,  Butler  and  Beaver  the  eleventh,  and  Lawrence,  Mer- 
cer, Venango,  Crawford  and  Erie  the  twelfth  (h). 

CCCXLIV.     That  the  eighth  normal  school  district  of  this  Com- 
monwealth,   as    provided    by    section    one    of    the 
act   of   Miry   twentieth,    one   thousand    eisrht   hun-    trict 
dred    and    fifty-seven,    be    and    the    same   is    here- 
by   divided,    and    from    this    date    the    said    eighth    normal    school 
district   shall    consist   of    the   counties   of   Centre,    Clinton,    Clear- 
field,   Elk.    Potter   and    Cameron    and    the    counties    of    Jefferson, 
Clarion,   Forest,   Warren   and   ^IcKean   shall   constitute   the  Thir- 
teenth  district,   and   ail   laws  or  parts  of  laws   inconsistent   here- 
with be  and  they  are  hereby  repealed  (i). 


(f)  Act  June  25,    1901,   see.    1,    T.   L.   i>.   598. 

(g)  Act  June  25,  1901,  sec.  2,  P.  L.  p.  598. 
(h)  Act  May  20,  1857,  sec.  1,  V.  L.  p.  581. 
(I)    Act  May  8,   1874,   sec.   1,   V.  L.   p.    120. 


142  SCHOOL  LAWS  AND  DECISIONS 


ESTABLISHMENT   OF    SCHOOLS. 

CCCXLV.  That  when  any  number  of  citiens  of  this  State, 
Establishment  ^^^     '^^^     than     thirteen,     shall,     as    contributors 

of  normal  or    Stockholders,     erect     and     establish     a     school 

schools.  for     the     professional     training     of     young     men 

and  women  as  teachers  for  the  common  schools  of  the  State, 
in  accordance  with  the  provisions  of  this  act,  such  school  may 
become  entitled  to  its  benefits,  in  the  manner  hereinafter  set 
forth:  Provided,  however,  That  not  more  than  one  such  school 
shall,  at  the  same  time,  become  and  continue  to  be,  entitled 
to  such  benefits  in  each  of  the  foregoing  normal  school  districts, 
and  that  this  act  shall  not  take  effect  till  at  least  four  such 
schools,  in  as  many  different  districts,  shall  have  complied  and 
been  recognized  in  accordance  with  the  provisions  of  this  act  (j). 

CCCXLVI.  That  the  pecuniary  affairs  of  each  of  said  schools 
Board  of  trus-  shall  be  managed  and  the  general  control  ex- 
tees,  ercised,  by  a  board  of  trustees  (whose  officers 
shall  be  a  president  and  secretary  who  shall,  and  a  treasurer 
who  shall  not,  be  members  of  said  board),  to  be  chosen  by  the 
contributors  or  stockholders  on  the  first  Monday  of  May,  an- 
nually ;  but  no  contributor  or  stockholder  shall  have  more  than 
nve  votes  at  the  election  of  trustees ;  and  no 
^"•^^s-  religious  test  or  qualification  shall  be  required 
to  entitle  any  one  to  become  a  contributor,  stockholder,  trus- 
tee, professor  or  student  in  any  of  said  schools  (k). 

CCCXLVII.  That  the  pecuniary  and  other  afiiairs  of  each 
State  Normal  School  shall  be  managed  by 
Number  of  trus-  ^  board  of  eighteen  trustees,  twelve  elected 
edT^and  appoint-'  by  the  contributors  or  stockholders,  and  six 
ed  appointed    by    the    Superintendent    of    Public    In- 

struction (1). 

CCCXLVIII.  That  the  trustees  on  the  part  of  the  contribu- 
Trustees  repre-  *°^'^  °^  Stockholders  shall  be  elected  from  their 
senting  stock-  own    number,    at    a    meeting    to    be    held    on    the 

holders.  first  Monday  in  May,  annually  ^m). 

CCCXLIX.  That  the  contributors  or  stockholders,  shall,  at  the 
annual  meeting,  select  and  nominate,  to  the  Superintendent  of 
Public  Instruction,  twice  as  many  persons  as  are  to  be  appointed 
from  whom,  if  satisfactory  to  him,  he  shall  appoint  the  required 


(j)  Act  May  20,  1857,  sec.  2,  P  .L.  p.  581. 
(Is)  Act  May  20,  1857,  sec.  3,  P.  L.  p.  582. 
(1)  Act  April  12,  1875,  sec.  1,  P.  L.  p.  43. 
(m)   Act  April  12,  1875,  sec.  2,  P.  L.  p.  43. 


OF  PENNSYLVANIA.  143 

number,  to  act  in  the  board  as  trustees  on  the  part 
of  the  State  ;  but  if  the  nominations  so  made  be   state  trustees, 
not  satisfactory  to  the  said  Superintendent  of  Public  Instruction, 
he   shall,    with    the   advice   and   couFent   of   the   Governor,    choose 
others  deemed  more  suitable  (n). 

CCCL.  That  at  the  first  annual  meeting  after  the  passage  of 
this  act  of  the  contributors  or  stockholders  of  all  normal  schools 
now  acting  as  State  institutions,  and  at  a  meeting  of  the  con- 
tributors or  stockholders  of  all  normal  school  associations  apply- 
ing to  the  pi'oper  authoi'ities  for  recognition  as  State  normal 
schools,  twelve  persons  shall  be  elected  trustees 
on  the  part  of  such  contributors  or  stockholders.  Trustees,  how 
four   to   serve  for   one   year,   four   for   two   years,    ported  ^^ 

four   for   three   and   thereafter   only   four   persons 
are  to  be  elected  annually,   to  serve  for  three  years ;   and  at  the 
same    time,    said    meetings    of    contributors    or    stockholders    shall 
nominate  twelve  persons  to  the  Superintendent  of  Public  Instruc- 
tion, from  whom,  if  satisfactory,  or  if  not,  as  hereinbefore  directed, 
he   shall    appoint    two    trustees    to   serve    for   one 
year,    two    for    two    years,    two    for    three    years;    Term  of  service, 
the  nominations  for  all  subsequent  years  being  limited  to  four,  and 
the  appointment  of  two  to  serve  for  three  years  (o). 

NOTE.— Act  June  13,  1907,  Sec.  4,  P.  L.  p.  747  provides  that 
the  number  of  trustees  for  each  normal  school  shall  be  appoint- 
ed, elected  and  serve  as  now  provided  by  law  except  that  nine 
shall  be  appointed  to  represent  the  Commonwealth,  and  nine  shall 
be  elected  by  the  stockholders. 

CCCIjI.  That  seven  trustees  shall  be  necessary  to  constitute  a 
quorum    to   do   business ;    and    that   after   the   ap- 
proval provided  for  in  section  seventh  of  the  act    Quoium. 
of  one  tnousand  eight  hundred  and  fifty-seven,  all  changes  in  the 
by-laws   and   rules  for   regulating  the   proceedings  ,    , 

of    the   board    must   be   approved   by    the    Super-   pe?fnTe''ndent^'" 
intendent  of  Public   Instruction   (p). 

CCCLII.  That  the  powers  and  privileges  of  the  two  classes  of 
trustees   in   the  board   shall   be   the   same ;    but   it 
shall  require  a  three-fourths  vote  of  all  the  trus-    A^^^tree-fourths 
tees  present  at  any  meeting  of  the  board  to  pass 
any  motion  or  resolution  on  which  the  yeas  and  nays  are  called 
(q). 

CCCLIII.  That  so  much  of  the  sixth  section  of  the  act  to  which 
this    is    a    supplement,    as    provides    that    it   shall 
require    a    three-fourths   vote    of   all    the    trustees    ^odlfied^^'^*'"'* 
present  at  any  meeting  of  the  board  to  pass  any 

(n)  Act  April  12,  1875,  sec.  3,  P.  L.  p.  43. 
(o)  Act  April  12,  1875,  sec.  4,  P.  L.  p.  43. 
(p)  Act  April  12,  1875,  sec.  5,  P.  L.  p.  43. 
(q)   Act  April  12,   1875,   sec.   6,   P.  L.  p.  43. 


144  SCHOOL   LAWS  AND  DECISIONS 

motion  or  resolution  on  wliich  the  yeas  and  nays  are  called,  be 
and  the  same  is  hereby  repealed,  except  so  far  as  relates  to  any 
motion  or  resolution  for  the  sale  of  real  estate  belonging  to  the 
corporation,  or  for  the  purchase  of  any  real  estate  by  the  cor- 
poration, or  for  creating  any  lien  on  said  real  estate  by  payment 
or  mortgage,  or  for  the  expenditure  of  moneys  appropriated  by 
the  State  where  such  expenditure  is  not  '  specifically  designated 
by  law,  or  for  the  surrender  of  the  franchises  of  the  corporation: 
Provided,  That  at  any  such  meeting  a  majority  of  the  whole 
board  of  trustees  be  present  (r). 

CCCLIV.  That  all  State  appropriations  made  directly  to  Normal 
,,  .        „       schools  shall  be  distributed  through  a  commission, 

tribufed.  "    consisting    of    the    Governor,    the    Superintendent 

of  Public  Instruction,  and  the  Attorney  General, 
on  such  condition  as  shall  protect  the  interests  of  the  State,  and 
to  exact  an  equal  justice  to  the  several  schools ;  and  the  condi- 
tions of  all  such  appropriations,  when  made  to  aid  students  in 
becoming  teachers  shall  be  fixed  by  the  law  making  them  (s). 
CCCLV.  That  no  institution  shall  hereafter  be  recognized  as 
a  State  Normal  school  with  an  indebtedness  ex- 
ilmfted      ''^  ceeding  one-third  of  the  value  of  the  property  be- 

longing thereto,  nor  without  being  fully  provided 
with  buildings,  furniture  ana  apparatus,  as   the  law  requires   (t). 
CCCLVI.  That   in   case    the    real    estate   of   any    State   normal 
school,   upon  which  the  State  has  a  lien  or  liens 
^L^^e  Tn*^  ef"*"'       ^^  mortgage,  shall  be  exposed  to  sale  by  judicial 
tain  casea.*^    "  process,   it  shall  be  lawful  for  the  Governor,   Su- 

perintendent of  Public  Instruction  and  Attorney 
General,  or  a  majority  of  them,  if  in  their  opinion  the  interests 
of  the  State  will  thereby  be  promoted,  to  cause  a  bid  or  bids 
to  be  made  on  behalf  of  the  State  at  any  such  sale,  for  such 
sum  or  sums  of  money  as  may,  in  their  judgment,  be  necessary 
to  secure  and  protect  the  interests  of  the  Commonwealth,  the 
tjtle,  in  case  the  property  shall  be  struck  down  at  their  bid,  to 
be  taken  in  the  name  of  the  Commonwealth:  Provided,  That  In 
no  case  shall  such  bid  or  bids  exceed  the  amount  of  said  lien  or 
hens,  together  with  prior  liens,  if  any  such  exist  (u). 


(r)  Act  March  24,   1877,   sec.    1,   P.   L.   p.   37. 

(s)  Act  April   12,   1875,  sec.   7,   P.   L.   p.   43. 

(t)  Act  April  12,  1875,  sec.  8,  P.  L.  p.  44. 

(u)  Act  June  4,    1879,   sec.    1,   P.   L.   p.   89. 


OF  PENNSYLVANIA.  145 

CCCLVII.  In  case  any  real  estate  shall  at  any  such  sale  be 
struck  down   on  the  bid  of  the  officers  aforesaid, 
they    shall    make    return    of    their    action    in    the    Yf^^\  ^^^Jf   ^^' 
premises  to  the  Auditor  General,  who,  upon  pass-   ggf^  '^ 

ing    the   account,    shall    give    a    certificate   of   the 
fact   and   amount   payable   out   of  any   appropriation   made   or   to 
be  made  for  that  purpose  (v). 

CCCLVIII.  There   shall   be   and   hereby   is   appropriated,    to   be 
paid  out  of  any  moneys  in  the  treasury  not  other- 
wise appropriated,  such   sum  or  sums  as  may  be    'y""%  l?.  ^*"^L 
required    to    meet    the    bids    of   said    officers,    upon    cms  or  htate  om- 
the  amount  being  returned   to  and  passed  by  the 
Auditor  General  as  aforesaid  (w). 

CCCLIX.  That   it  shall  not  hereafter  be  lawful  for  any  officer 
or  member  of  the  board  of  managers  of  an  insti- 
tution,   at   any   time   when   said   institution   is   re-    Officers  of  Insti- 
ceiving   State   moneys   from    legislative   appropria-    tutions  receiving 
tions,     to    furnish    supplies    to    such    institution,    uot^eil'' suDniles 
either  by  direct  sale  or  sales  through  an  agent  or    to  same, 
firm,   or  to  act  as  an  agent  for  another  in  so  fur- 
nishing supplies. 

Any  person  who  may  violate  any  of  the  provisions  of  this  act 
shal   be  guilty  of  a   misdemeanor,   and   upon  con- 
viction   therefor  shall    be   punished    by   a    fine   not    il's'lemeanor. 
exceding    five    hundred    (500)    dollars,    or    by    im-    pine  and  penalty, 
nrisonment   not   exceeding  one   year,   or   both   fine 
anu  imprisonment,  at  the  discretion  of  the  court  (x). 

Gifts  and  Bequests. 

CCCLX.  That  after  the  said  schools  shall  have  been  recognized 
by   the  provisions  of   this  act,   it  shall   be   lawful 
for    them    to    receive,    hold    and    use,    under    the    quests  ** 
direction  of  their  trustees  as  aforesaid,  any  devise, 
bequest,   gift,   grant   or   endowment   of   property,    whether   real   or 
personal,    which    may   be   made   to    them,   and    the   same   shall    be 
so  applied   by  the  trustees  as  shall,   in   the  opinion  of  a  majority 
of  them,  increase  the  efficiency  and  usefulness  of  the  said  schools, 
subject,    however,    to   any   terras,    conditions   or   restrictions   which 
may  be  attached  to  such  devise,  bequest,  gift,  grant  or  endowment 
not    inconsistent    with    the    spirit    and    purposes   of   this    act;    and 
the  said  trustees  shall  have  authority  to  bring  suit  in  their  name 
as  trustees,  and  to  do  all  other  things  necessary  for  the  recovery, 
use  and  application  of  the  same  (y). 

(v)    Act  June  4,   1879,   sec.   2,   P.   L.   p.  89. 

(w)   Act  June  4,    1879,   sec.   .3,   P.   L.   p.  89. 
(x)    Act   April   23,    1903,    P.    L.   p.    285. 

(y)    Act  May  20,   1857,   sec.   4,   P.   L.   p.  582. 


146  SCHOOL  LAWS  AND  DECISIONS 

Annual  Report  by  Trustees. 

CCCLXI.  That  the  trvistees  of  each  of  said  schools,  after  being 
recognized  under  the  provisions  of  this  act,  shall 
tees*"^*  ^'^^  annually,  in  the  month  of  June,*  furnished,  under 
oath  or  affirmation  of  the  president  of  the  board 
of  trustees,  to  the  Superintendent  of  Common  Schools,  a  full  ac- 
count of  its  pecuniary  condition,  showing  income  and  debts,  if 
any,  salaries  and  other  expenses,  and  dividends  declared,  together 
with  the  number  of  students  admitted  and  graduated,  the  branches 
taught,  the  apparatus  procured,  the  improvements  effected,  and  the 
cnanges  made  during  the  preceding  year,  and  such  other  informa- 
tion as  said  Superintendent  of  Common  Schools  may,  from  time 
to  time,  by  his  general  circular  to  all  of  said  schools,  require  to 
De  furnished  ;  and  each  of  said  schools  shall  always  be  open  to  the 
visitation  and  inspection  of  said  Superintendent  of  Common 
Schools,  and  of  the  county  superintendents  of  all  the  counties 
within  its  normal  school  districts  (z). 

CCCLXII.  That    to    entitle    it    to    the    benefits    and    privileges 
of    this    act    each    of    said    normal    schools    shall 
Requisites.  possess  the  folowing  requisites: 

Buildings. — Suitable    buildings    as    hereinafter     provided,     and 
area   of  ground   appurtenant    thereto,   of  not   less 
Buildings.  than   ten  acres  in  one  ti'act,   the  whole  of  which 

shall  be  prepared  and  used  as  a  place  for  gymnastic  exercises  and 
healthful  recreation  by  students,  except  so  much  thereof  as  shall 
be  necessarily  ocupied  by  the  buildings,  botanical  and  other 
gardens,  and  such  other  purposes  as  shall  be  plainly  promotive  of 
the  great  object  of  the  institution   (a). 

Hall,   Room,   &c. — The   buildings   shall   contain   a   hall   of   suffi- 
cient size  to  comfortably  seat  at  least  one  thou- 
Haii,  etc.  sand  adults,  with  class  rooms,  lodging  rooms  and 

refectories  for  at  least  three  hundred  students,  all  properly 
constructed  and  arranged  as  to  light,  heat  and  ventilation  so  as 
to  secure  the  health  and  comfort  of  the  occupants,  with  proper 
provisions  for  physical  exercise  during  inclement  weather  (b). 
Library. — Each  school  shall  contain  a  library  room  for  the 
accumulation  of  books  for  the  use  of  the  students. 
Library.  g^  cabinet  for  specimens  and  preparations  to  illus- 

trate   the    natural   and    other   sciences,    and    such    apparatus   and 


(z)    Act  May  20,   1857,  sec.   5,  P.   L.  p.  582. 

(a)  Act  May  20,  1857,  sec.  6,  clause  1,  P.  L.  p.  582. 

(b)  Act  May  20,  1857,  sec.  6,  clause  2,  P.  L.  p.  583. 

•Note. — Changed  to  October,  by  act  of  April  11,  1862,  sec.  15,  P.  L.  p.  475. 


OF  PENNSYLVANIA.  147 

philosophical   instruments  as  are  indispensible  for  the  same   pur- 
pose  (c). 

Professors. — Each  school  shall  have  at  least  six  professors  of 
liberal  education  and  known  ability  in  their  re- 
spective departments,  namely:  One  of  orthography,  Professors, 
reading  and  elocution  ;  one  of  writing,  drawing  and  book-keeping ; 
one  of  arithmetic  and  the  higher  branches  of  mathematics ;  one  of 
geography  and  history ;  one  of  grammar  and  English  literature ; 
and  one  of  theory  and  practice  of  teaching,  together  with  such 
tutors  and  assistants  therein,  and  such  professors  of  natural,  men- 
tal and  moral  sciences,  languages  and  literature,  as  the  condition 
of  the  school  and   the  number  of  the  students  may  require  (d). 

Duties    of    Principals. — The    principal    of    each    normal    school 
shall  be  a  professor  of  such  one  of  the  six  indis-    „    ,.„ 
pensable  branches  as  may  be  assigned  to  him  by    andterm^oT.^ 
the   trustees,    and    he   shall    be    charged   with    the 
whole   discipline   and   interior   government   of   the   school   in   con- 
formity with  such  regulation  as  shall  from  time  to  time  be  adopted 
by  the  trustees  and  approved   by   State   Superintendents  of  Com- 
mon Schools  (e). 

Model    School.— Each   school   shall   have   attached   to  it   one  or 
more  schools  for  practice  or  model   schools,  with 
not  less  than  one  hundred  pupils  from  the  children    ^lo<lel  schools, 
of  the  vicinity,  and  so  arranged  that  the  students  of  the  Normal 
school   shall   therein   acquire  a  practical   knowledge  of  the  art  of 
teaching   under   the   instruction    of    their   proper   professors    (f). 

Note.— See  also  sections  CCCLXIII,  CCCLXIV. 

Qualification  and  Term  of  Study. — The  qualifications  for  admis- 
sion  into,   and    the   course   and   duration   of   term 
of    study,    in    all    the    schools    shall    be    such    as    ^nlj^term^of"* 
shall    be    approved    by   and    at    a    meeting   of   all    gtndy. 
the   orincipals  of  the   Normal   schools   then   recog- 
nized under  this  act ;  such  meeting  shall  be  called  from  time  to  time 
as  he  may  deem  expedient  by  the  State  Superintendent  of  Public 
Instruction,  and  to  take  place  at  one  or  other  of  the  annual  ex- 
aminations hereinafter  provided  for,  except  the  first  meeting,  which 
shall  .be   held    at   such    time   and    place   as   he   may   indicate ;    and 
at  such  meetings  the  acts  of  the  majority  of  the  principals  shall 
be  binding  on  all  the  schools  in  reference  to  the  qualifications  for 
admission   and   the  course  and   term   of  study  when   approved  by 
the  State  Superintendent  of  Common  Schools  (g). 


(c)  Act  May  20,  1857,  sec.  6,  clause  3,  P.  L,.  p.  583. 

(d)  Act  May  20,   1857,  sec.   6,  clause  4,  P  L.  p.  583. 

(e)  Act  May  20,  1857,  sec.  6,  clause  5,  P.  L.  p.  583. 

(f)  Act  May  20,   1857,  sec.  6,  clause  6,  P.  L.  p.   583. 

(g)  Act  May  20,  1857,  sec.  6,  clause  7,  P.  L.  p.  583. 


148  SCHOOL  LAWS  AND  DECISIONS 

Meetings  of  Principals. — That  a  meeting  of  the  principals  of 
Meetings   of  *^^    several    normal    schools,    for    the    purpose    of 

principals.  fixing  upon  a  general  course  of  study  and  arrang- 

ing other  matters  coming  within  their  jurisdiction 
as  a  body,  shall  be  called  at  Harrisburg  by  the  Superintendent 
of  Public  Insti-uction  whenever  he  shall  deem  it  necessary,  or 
upon  a  request  so  to  do,  made  by  three  principals  of  State  Normal 
schools   (h). 

Text  Books. — Text  books  to  be  used  in  each  of  said  s(5hools  shall 
_  be  such  as  may  be  selected  by  its  proper  professors, 

"°°^^-  with  the  approbation  of  the  trustees  thereof  (i). 

Private  Students. — Students,  other  than  those  admitted  on  dis- 
PH^pfo  af„^.„f»  *"^*  account,  to  pay  such  sum  for  tuition  as  the 
L  nvate  stu^f.nts.  trustees  shall  determine ;  but  in  the  admission  of 
such  students,  the  preference  always  to  be  given  to  such  as  are 
assigned  for  the  profession  of  teaching,  and  between  private  and 
public  students  a  like  preference  to  be  given  to  the  latter,  in 
case  of  insufficiency  of  room  to  accommodate  all  who  apply;  and 
no  difference  in  the  charge  for  boarding  and  lodging  to  be  made 
in  favor  of  any  class  of  students  (j). 

CCCLXIII.  That  the  requisites  to  entitle  any  school  to  the 
v^.„.i,.«t,  ,.=  benefits  of  this  act,   or  the   one   to  which   this  is 

Examinations.  ^    supplement,    as    set    forth    in    the    sixth    section 

thereof,  are  hereby  altered  in  the  following  particulars,  viz: 
The  pupils  of  the  model  school  may  or  may  not  be  from  the  im- 
mediate vicinity  of  the  normal  school  with  which  it  is  connected, 
as  in  the  discretion  of  the  trustees  thereof  shall  seem  most  ex- 
pn=t  «f  ^nHi.n  Pedicnt.  That  the  cost  of  the  tuition  of  all  classes 
^.  or  tuu.oD.  of  students,  whether  admitted  on  common  school 
district  account,  private  account,  or  whether  they  are  actual 
school  teachers  shall  be  fixed  by  the  tnistees  of  the  several  schools; 
that  the  examination  of  students  for  graduation,  if  only  one 
school  be  in  recognized  operation,  shall  be  by  the  faculty  thereof; 
if  two  schools  shall  be  in  operation,  it  shall  be  by  the  "principals 
of  all,  or  at  least  two  of  them  ;  and  when  more  than  three  shall 
be  in  operation,  the  examination  shall  never  be  conducted  by  less 
than  three  principals,  to  be  designated  as  prescribed  by  the  twelfth 
paragraph  of  the  sixth  section  of  said  act,  of  whom  the  principal 
of  the  school  whose  students  are  to  be  examined  shall  be 
wvamin.tinno  v>^  9^^'  ^^'^  provldcd.  That  these  examinations  shall 
wUoS  ami  "n  ^  i°  ^11  cases,  be  conducted  in  the  presence  of  the 
what  studies.  Superintendent  of  Common  Schools  and  the  county 

superintendents    of    the    proper   districts,    if    they 

(h)    Act  April  12.   1875,  sec.   10,  p.  L.  p.  44. 

(i)    Act  May  20,  1857,  sec.  6,  clause  8,  P.  L.  p.  583. 

(j)    Act  May  20.  1857,  sec.  6,  el*nse  10,   P.  L.  p.  B84. 


OF  PENNSYLVANIA.  149 

desire  to  attend,  upon  receiving  due  notice,  that  the  certificate 
to  graduates  shall  embrace  such  branches  of  learning,  in  addition 
to  those  or  orthography,  reading,  writing,  English  grammar,  geo- 
graphy, and  arithmetic,  as  shall  be  prescribed  by  the  board  of 
principals  in  accordance  with  the  seventh  paragraph  of  the  sixth 
section  of  said  act,  or  by  the  principal  of  the  first  school  recog- 
nized, so  long  as  only  one  shall  be  in  operation;  and  the  certifi- 
cate shall  be  signed  by  all  the  examiners,  if  less,  and  by  at  least 
two-thirds  of  them,  if  more  than  three,  and  also  by  the  whole 
faculty  of  the  proper  school  in  every  case  (k). 

Note.— See  Sections  CCLV,  CCLVI. 

CCCLXIV.  That  from  and  after  the  passage  of  this  act  it  shall 
be   lawful   for   the   trustees   of   the   State   Normal 
schools   now   within   the   Commonwealth   of  Penn-    '^^^^^^'^f^f  "°r" 
sylvania,    or    that    may    hereafter    be    established    sJiiooi'^  dTreciors 
within  said  Commonwealth,  and  the  school  direc-    may  agree  as  to 
tors   of  any  school   districts   to  enter  into  an  ar-    instruction  of 
rangement    or    agreement    between    such  '  trustees    certain   pupils. 
and    such    school    directors    of    such     district     by    jiofiei  sciiooi 
which   the   pupils  ,of  suc^i   school   district,   or  any 
portion  of  them  as  may  be  convenient  to  any  school,  may  be  in- 
structed   at   any    such    State    normal   school,    and 
the   expense  of  such   instruction  shall   be  paid  as    Expense 
may  be  agreed  upon  between  the  directors  or  controllers  of  such 
districts  and   the   trustees  of  any  of  said   normal 
schools.  Such  action  of  the  said  school  district  or    ttred'on  mi'iKites 
districts   and    the    trustees   of   such    State    Normal 
school    shall    be    entered,    respectively,    upon    the    minutes   of   the 
said  respective  boards  (1). 

CCCLXV.  That   all   examinations   of   the  graduating  classes   at 
the  Normal  schools  shall  be  conducted  by  a  board, 
of   which    the    Superintendent   of   Public    lustruc-    Examinations  of 
tion  or  his  deputy  shall  be  president,  of  two  pi-iu-    classes.'"^ 
cipals  of  the   Normal   schools  of  whom   the  prin- 
cipal of  the  school   where  the  students  are   to  be    Board  of  exam- 
examined  shall  be  one,  and  not  less  than   two  or    J.°ns^titm;e°  ^^^^^ 
more  than  six  county,  city,  borough   or  township 
superintendents,    to    be    appointed    by    the    Super-    Appointment  of 
intendent   of   Public   Instruction    (m).  board. 

CCCLXVI.  The  expenses  incurred  by  the  members  of  the  several 


(k)   Act  of  April  15,   1859,   sec.   2,  P.  L.  p.   680. 
(1)   Act  June  28,  1895,  sec.   1,  P.  L.  p.  412. 
(m)   Act  April  23,   1895,   Bee.   1,  P.  L.   p.   41. 


150  SCHOOL  LAWS  AND  DECISIONS 

ho?rd°^®*  "'  boards  of  examiners  shall  be  paid  by  the  State, 

as  provided  by  existing  laws,  and  the  sum  of  two 
2  000  directed  to  thousand  aollars,  or  so  much  thereof  as  may  be 
be  appropriaipd.  necessary,  shall  be  annually  appropriated  for  that 
purpose  (n). 
Number  of  Votes  Required. — That  no  person  shall  graduate  at 
a  State  Normal  school,  or  receive  a  State  certificate  as  a  practical 
teacher  unless  by  the  affirmative  vote  of  four  out  of  five  mem- 
bers of  the  board  of  examiners  (o). 

184.  It  is  not  in  accordance  with  the  true  intent  and  meaning 
of  the  normal  school  law  for  a  board  of  trustees  of  a  State  Nor- 
mal school  to  place  the  appointment  of  teachers  and  employes 
and  the  whole  pecuniary  and  disciplinary  control  of  it  in  the 
hands  of  a  principal. 

185.  The  law  makes  it  the  plain  duty  of  boards  of  trustees  to 
fix  the  charges  for  tuition  and  board,  the  salaries  of  teachers  and 
wages  of  employes.  It  places  the  whole  pecuniary  management 
in  their  hands.  The  principal  of  such  a  school  should  receive  a 
fixed  salary  like  any  other  officer.  He  should  have  nothing  to 
do  with  the  pecuniary  affairs  of  the  school,  except  as  the  agent 
of  the  trustees. 

186._"Each  school  shall  have  at  least  six  professors  of  liberal 
education  and  known  ability  in  their  respective  departments,  and 
the  principal  of  each  Normal  school  shall  be  a  professor  of  such 
one  of  the  six  indispensible  branches  as  may  be  assigned  him  by 
the  tnistees." 

From  this  it  is  clear  that  the  professors  are  all  to  be  elected 
by  the  trustees,  the  principal  included,  and  to  each  is  to  be  as- 
signed by  them  his  special  duty  as  an  instructor.  The  principal, 
of  course,  must  have  the  supervision  of  the  whole  work  of  in- 
struction, but  it  is  no  part  of  his  duty,  under  the  law,  to  appoint 
teachers. 

187.  In  the  same  section  it  is  provided  that  "He  (the  principal 
shall  be  charged  with  the  whole  discipline  and  interior  govern- 
ment of  the  school,  in  conformity  with  such  regulations  as  shall, 
from  time  to  time,  be  adopted  by  the  trustees  and  approved  by 
the  State  Superintendent  of  Public  Instruction." 

188.  This  provision  is  in  conformity  with  the  whole  law.  It 
makes  the  trustees  the  highest  authority  in  matters  relating  to 
the  discipline  of  the  school,  as  they  are  in  the  management  of  its 
pecuniary  affairs  and  the  election  of  the  members  of  its  faculty. 

189.  The  State,  in  the  general  appropriation  act  of  April  11, 
1866,    pp.    73-74,    sec.    xvi,    and    in    the   subsequent   appropriation 


(n)  Act  April  23,  1895,  sec.  2,  P.  L.  p.  41. 
(o)  Act  April  12,  1875,  sec.  9,  P.  L.  p.  44. 


OF  PENNSYLVANIA.  151 

acts,  makes  provisions  for  granting  State  aid  to  students  in  the 
State  Normal  schools.     The  law  now  provides  as  follows: 

"t  or  each  student  over  seventeen  years  of  aae,  who  shall    ■ 
an     agreement     binding    said    student    to    teach    in     the     common 
schools  of  this   ritate   two  full   annual   terms,   there  shall   be  paid 
the  sum  of  one  dollars  and  fifty  cents  a  week,  in  full  payment  of 
the  expenses  for  tuition  of  said  students." 

"Provided,  That  each  student  in  a  State  Normal  school,  drawing 
an  allowance  from  the  State,  must  receive  regular 
instruction   in   the  science  and  art  of  teaching  in    Must  receive  in- 
a  special  class  devoted  to  that  object,  for  the  whole    struction  in  the 
time  for  which  such  an  allowance  is  drawn,  which    f„g''°'^®         leacti- 
amouut   shall   be   paid   upon   the   warrants   of  the 
Superintendent  of  Public  Instruction  (p). 

IDO.  Students  receiving  the  several  sums  per  week,  shall  have 
deducted  from  their  regular  expenses  the  full  amount  thus  re- 
ceived f'-om  the  State. 

The  Superintendent  of  Public  Instruction  shall  not  issue  his 
warrant  for  the  amount  thus  claimed  by  any  of  the  said  schools, 
until  there  shall  be  on  file  in  his  office,  a  I'eport  from  the  prin- 
cipal of  said  school,  authenticated  by  his  oath  or  affirmation, 
and  certified  to  by  the  president  of  the  board  of  trustees,  stating 
the  exact  number  of  students  over  seventeen  years  of  age  that  have 
attended  the  school  within  the  school  year  of  the  several  Normal 
schools,  commencing  on  the  first  Monday  of  September,  and  who 
have,  in  all  respects,  conformed  to  the  conditions  and  requirements 
herein  made  regarding  such  students,  and  who  have  also  complied 
with  the  conditions  herein,  together  with  their  names  and  ac^iress, 
date  of  entrance  and  withdrawal  from  the  school,  stating  also 
whether  the  whole  amount  to  be  allowed  to  each  student  has 
been  deducted  from  his  expenses. 

CCCLXVIII.  That  when  the  trustees  of  any  school  desirous  of 
claiming    the    privileges    of    this    act    shall    make    „ 
application   to   the   State   Superintendent  of  Com-    fi'-r „P ^  ^^hVf f^.*^^ 
mon  Schools,  it  shall  be  the  duty  of  the  Superin-  ^"  obta.nea. 

tendentof  Common  Schools,  together  with  four  other  competent 
and  disinterested  persons,  to  be  chosen  by  him,  with  the  consent 
of  the  Governor,  and  all  the  superintendents  of  the  counties  in 
the  normal  school  district  in  which  such  school  shall  be  situated, 
on  receiving  due  notice  from  the  department  of  common  schools, 
personally  and  at  the  same  time  to  visit  and  carefully  inspect  such 
school ;  and  if,  after  thorough  investigation  thereof,  and  of  its 
by-laws,  rules  and  regulations,  and  of  its  general  arrangement 
and  facilities  for  instruction,  they,  or  at  least  two-thirds  of  them, 

(p)    Appropriation  act  1901,  sec.   8,   P.  L.  p.   839. 
11 


ir.li  SCIIOUL   LAWS  AND   DECISIONS 

shall  approve  the  same,  and  find  that  they  fully  come  up  to  the 
provisions  of  this  act,  in  that  case  and  no  other  they  shall  certify 
the  same  to  the  department  of  common  schools,  with  their  opinions 
that  such  school  has  fully  complied  with  the  provisions  of  this 
act  as  far  as  can  be  done  before  going  into  operation  under 
this  act ;  whereupon  the  State  Superintendent  shall  forthwith  re- 
cognize such  school  as  a  State  Normal  school  under  this  act,  and 
give  public  notice  thereof  in  two  newspapers  in  each  county  in 
the  proper  Normal  school  district,  and  thence  forward  this  act 
shall  go  into  full  operation  so  far  as  regards  such  school  with- 
out any  further  proceedings.  And  if,  upon  due  inspection,  any 
school  so  applying  shall  be  found  insufBcient  under  this  act  said 
board  of  inspectors  shall  so  report  to  the  Superintendent  of  Com- 
mon Schools,  who  shall  thereupon  inform  the  trustees  thereof  of 
such    adverse   report   (q). 


Rival   Applications. 

CCCLXVIII.  That  if  two  or  more  schools  apply  in  the  same 
district  to  be  recognized  under  this  act  at  the  j^iyji  appiica- 
same  time,  all  of  them  shall  be  visited  in  the  tions  for  recogni- 
manner  prescribed  by  the  next  preceding  section,  tion. 
and  the  one  found  to  possess  the  largest  and  best  accommodations 
and  arrangements  to  give  effect  to  the  purpose  of  this  act,  shall 
be  preferred,  and  so  certified  if  it  fully  come  up  to  the  requirements 
of  this  act ;  and  if  two  or  more  schools  in  the  same  district,  be 
found  to  possess  equal  accommodations  and  arrangements  fully  up 
to  the  requirements  of  this  act,  in  that  case  the  one  nearest  to 
the  center  of  the  proper  normal  district  shall  be  preferred  and 
certified  for  recognition  to  the  department  of  common  schools,  and 
if  one  or  more  of  the  schools  thus  applying  for  recognition  give 
notice  to  the  Department  of  Common  Schools,  with  reasonable 
assurance  that  it  or  they  are  not  now  ready  for  inspection  under 
the  seventh  section  of  this  act,  but  will  be  within  the  term  of  six 
months  from  and  after  the  date  of  such  notice,  in  that  case  none 
of  the  applicant  schools  shall  be  inspected  in  such  district  till 
such  time,  within  said  six  months,  when  all  shall  be  prepared 
for  inspection,  when  like  proceedings  shall  take  place  as  have 
oeen  prescribed  in  the  preceding  part  of  this  and  the  seventh 
section  (r). 


(q)    Act  May  20,   1857,  sec.   7,  P.  L.   p.   584. 
(r)   Act  May  20,   1857,  sec.  8,  P.  L.  p.  585. 


OF  PENNSYLVANIA.  IfSH 

Certificate  of   Scholarship. 

CCCLXIX.  That    the    board    of   principals    who   shall    examiue 
the    candidates    for    graduation    in    any    of    the    „       .     ., 
Normal    schools   under   this   act,    shall    issue    cer-    gi^^duitea    "  ' 
tificates  to  be  signed  by  all  of  them,  to  all  students 
of  the  full  course  as  two-thirds  of  the  board  shall  approve,  setting 
forth  expressly  the  branches  in  which  each  has  been  found  duly 
qualified,    which    certificates    must    embrace    all    the    branches    en- 
umerated in  the  fourth  article  of  the  sixth  section  of  this  act,  in- 
cluding the  theory,  but  not  including  the  practice  of  teaching,  and 
may  also  embrace  any  additional  branches  in  which  the  graduate 
was    found    proficient.     Actual    teachers    of    com-    ^^tuai    teachers 
mon  schools  in  good  standing,  who  shall   produce    may    be    examin- 
satisfactory  evidence  of  having  taught  in  common    ed. 
schools  during  three  full  consecutive  annual  terms  of  the  district 
in  which  they  were  employed,  may  also  be  examined  at  the  same 
time  and  in  the  same  manner  with  the  regular  students  of  their 
proper  Normal  schools,  and  if  found  equally  qualified  shall  receive 
certificates  of  scholarship   of  the  same  kind ;   and   all   the  certifi- 
cates granted  under  this  section  shall  be   received  as  evidence  of 
scholarship,  to  the  extent  set  forth  on  the  face  of  them  without 
further  examination,   in  every  part  of  the   State.     And  whenever 
the  holder  of  any  certificate,  under  this  section,  shall  by  study  and 
practice,  have  prepared  for  examination  in  any  branches  of  study 
additional  to  those  in  such  certificate,  he  or  she  may  attend   the 
annual  examination   of  the  Normal  school  of  the 
district,    and    if    found    duly    qualified,    shall    re-    ^rancuT'^^ 
ceive    a    new    certificate,    setting    forth    all    the       ^  '^  ^^' 
branches   in   which,   up   to   that    time,   he   or  she   may   have   been 
found   proficient ;   and    thenceforth   such   enlarged   certificate   shall 
also  be  evidence  of  scholarship  to  the  extent  of  it,   in  every  part 
of  the  State,  without  further  examination  (s). 

Teachers'  State  Certificate. 

CCCLXX.  That  no  certificate  of  competence  in  the  practice  of 
teaching  shall   be   issued   to   the   regular  graduate 
of  any   of  said   Normal  schools   till  after  the  ex-    ^.'1"  certificates 
piration  of  two  years  from  the  date  of  graduation,  ^'^"*- 

and  of  two  full  annual  terms  of  actual  teaching  in  the  district 
or  districts  in  which  such  graduate  taught,  nor  to  any  teacher 
who  shall  hold  a  full  certificate  of  scholarship,  without  having 
been   a   regular  student  and   graduate,   unless  upon   full   proof  of 

(8)   Act  May  20,  1867,  see.  8,  P.  L.  p.  685. 


154  SCHOOL  LAWS  AND  DECISIONS 

three  years'  actual  teachius  in  a  common  school  or  schools,  nor 
in  either  case  without  the  production  of  a  certificate  of  good  moral 
conduct  and  satisfactory  discharge  of  the  requisite  duration  of 
professional  duty,  from  the  board  or  boards  of  directors  in  whose 
employment  the  applicant  shall  have  been  taiisht,  couiitersi.i;ned  by 
the  county  supermtendent  of  the  proper  county  or  counties,  on 
the  production  of  which  proof,  and  not  otherwise,  a  full  certificate 
of  competence  in  the  practice  of  teaching  shall  be  added  to  the 
certificate  of  scholarship,  and  of  theoretical  knowledge,  of  the 
science  of  teaching  already  possessed,  to  be  received  as  full  evid- 
ence of  practical  qualification  to  teach  in  any  part  of  ,the  State 
without  further  examination:  Provided,  however, 
Proviso.  That   practical   teachers   who   shall,   upon   due  ex- 

amination, receive  a  certificate  of  scholarship,  may  at  the  same 
time  receive  a  certificate  in  the  practice  of  teaching,  upon  pro- 
ducing the  required  evidence  of  three  years'  previous  experience 
in  the  art  of  teaching  and  of  good  moral  conduct  (t). 

191.  Each  applicant  who  is  not  a  regular  student  and  gradu- 
ate must  be  twenty-one  years  of  age,  of  good  moral  character, 
and  have  taught  successively  during  three  consecutive  terms  in  a 
common  school  or  in  common  schools  in  this  State ;  the  proof  of 
age  to  be  the  declaration  on  honor  of  the  applicant ;  and  of  moral 
character,  and  on  the  satisfactory  discharge  of  the  requisite  terms 
of  teaching,  a  certificate  from  the  proner  board  or  boards  of  di- 
rectors, signed  by  the  president  and  secretary  and  countersigned 
by    the    proper   county    superintendent    or   superintendents. 

192.  The  examination  to  be  in  the  elementary  or  scientific  course, 
as  the  applicant  may  select  according  to  the  list  of  studies  as  printed 
in  the  circulars  of  the  State  Normal  schools,  and  approved  by 
the  Superintendent  of  Public  Instruction,  or  in  such  other  studies 
as  may  be  deemed  by  the  board  of  examiners  as  equivalent. 

193.  Each  applicant  shall  prepare  and  present  to  the  board  of 
examiners  an  original  thesis  on  some  professional  subject,  of  not 
less  than  six  folio  pages  of  manuscript,  to  be  retained  at  the 
school  where  the  examination  takes  place. 

CCCLXXI.  That  no  temporary  or  provisional  certificate  of  any 
less  degree  of  scholarship  than  that  required  by 
SoraTv  or^lrrivi""  ^he  ninth  section  of  this  act,  shall  be  issued  by 
sional  cerUfieate.  said  board  of  principals  nor  by  the  faculty  of  any 
of  said  schools,  but  the  princinal  of  each  of  the 
said  schools  may  certify  in  writing  to  the  length  of  time  which 
teachers  may  have  attended  under  the  eleventh  article  of  the 
sixth  section  of  this  act,  and  the  manner  of  their  deportment 
while  in  attendance  (u). 

(t)    Act  May  20,   1857.  sec.   10,  P.  L  p.   586. 
(u)    Act  May  20,   1857,   sec.   11,  P.   L.   p.   586. 


OF  PENNSYLVANIA.  155 

CCCLXXII.  That   the  several   Normal   schools  of  the   State  of 
:Pennsylvania,  by   their  trustees,  be  and  they  are 
hereby  authorized  and  empowered  to  replace,  upon    schools  authorized 
the  buildings  aud  grounds  of  any  of  said  schools    ^^  refund  bonded 
or  any  part  of  the  same,  any  mortgage    that  is  or    indebtedness, 
shall  become  due  on  or  after  the  passage  of  this 
act,    at    a    lower    rate    of    interest,    not    to    exceed    j^grease  of  mort- 
five  per  centum  per  annum,  and   to  increase  said    g^ge. 
mortgage  to  a   sura   not,   in   any  event,   to  exceed 
fifty  thousand  dollars,  for  the  payment  of  debts  contracted  by  the 
trustees  of  such   normal   school   prior  to  the  time    proviso, 
of  the  pasage  of  this  act:  Provided,  Said  increase 
is  for  the  purpose  of  paying  loans  and  indebted-    ^o'^"^'  ®  '^• 
ness    heretofore    contracted    by   said    trustees    for   the    erection    of 
buildings  and  making  of  improvements  to  buildings  and  grounds: 
And  provided  also.  That  an  itemized  and  certified 
statement    of    the    expenditures    of    said    buildings    lifJr'^General^" 
and     improvements     be     first     submited      to      the 
Auditor  General,  and  be  approved  by  him  (v). 

CCCLXXIII.  That    the    bonds    and    mortgages    of    such    school, 
hereby    authorized,    shall    be    signed    by    the    presi- 
dent  and   attested  by   the  secretary   of  the   board    ^°^^^  ^^^  ™'"''- 
of  trustees,   under  the  seal  of  the  school,   by   the    ^^^^^' 
direction   of  the  board   of  trustees  and   shall   be   payable  at  such 
time  as  they  may  fix,   and   the  said   bonds   and   mortgages,   to  be 
so  placed,  shall  be  prior  liens  to  all  mortgages  and 
liens    of    the    Commonwealth    of   Pennsylvania    for    Priority  of  iien. 
money  heretofore  appropriated  to  the  said  schools  by  the  State  of 
Pennsylvania;    and    that   said    bonds    and     mort- 
gages  shall   be   and   hereby   are   exempt   from   all    f^-'^'^^'Pt  from  all 
taxes  (w). 

CCCLXXIV.  That  whenever  the  board  of  trustees  of  any  State 
Normal  school  of  this  Commonwealth  deem  it  necessary  to  en- 
large the  area  of  the  said  real  estate  upon  which  the  buildings 
of  said  Normal  school  are  erected,  to  meet  the  growing  demands 
of  said  institution,  including  a  campus,  and  cannot  agree  with 
the  owner  or  owners  of  the  land  they  wish  to  acquire,  as  to  its 
purchase  or  occupancy,  it  shall  be  lawful  for  said  board  of  trus- 
tees, on  behalf  of  said  Normal  school  district,  to  enter  upon  and 
occupy  sufficient  ground  for  the  purpose  afore- 
said, which  they  shall  mark  off,  not  exceeding  two  Coudemnation  of 
acres  and  to  use  and  occupy  the  same,  for  the  !i||^  of^stlfte^Nf  r 
purposes  for  which  they  desire  to  use  and  occupy  mal  schools. 
the  same  in  connection  with  the  said  .school ;  and 

(v)    Act  May  22,   1901,  sec.   1,  P.  L.  p.   290. 
(w)   Act  May  22,    1901,  sec.   2,  P.   L.   p.   290. 


15b  SCHOOL  LAWS  AiND  DECISIONS 

for  all  damages  done  for  the  taking  of  the  same,  for  the  purpose 

as  aforesaid,  the  trustees  of  such  Normal  school 
Wamagcs"^*"^"*  district  shall  give  bond,  with  security  approved 
by  the  court  of  common  pleas  of  the  county  in 
which  such  lands  are  situated,  conditioned  for  the  payment  of  such 
damages  when  the  same  shall  be  agreed  upon  by  the  parties  or 
assessed  according  to  law,  which  bond  shall  be  filed  in  said  court, 
for  the  use  of  the  person  interested  (x). 

CCCLXXV.  And   it   shall   be   lawful   for   the   court   of  common 
pleas  of  the  proper  county  in  which  said  Normal  school  is  located, 
on  application   thereto  by  petition,  either  by  said   Normal   school 
district   by   its   president   or   secretary,    they    being 
Petition.  instructed    by    their    board    so    to    do,    or    by    the 

owner  or  owners  of  said  lands,  in  behalf  of  all  to  appoint  a  jury, 
consisting  of  three  disinterested  citizens  of  said  county,  and  appoint 
a     time,     not    less    than    thirty     (lavs     thereafter, 
viewers  foi'  s«'<l  viewers  to  meet  upon  said  land,  of  which 

time  and  place  at  least  ten  days'  notice  shall  be 
given  by  petitioner  to  the  said  viewers  and  the  other  party  ;  and 
the   said    viewers,    or   any    two    of   them,    having    first    been    duly 
sworn     or   afhrmed   faithfully,   justly   and     impar- 
To  be  sworu  tially    to   decide   and   a   true    report    to    make   con- 

cerning  nil    matters    to    be    submitted    to    them    in 
View.  the    i)reinises,    and    having    viewed     said     ground, 

they    shall    estimate    and    determine    the    quantity 
and  value  of  said  land  so  taken,  to  be  used  for  the  nurpose  afore- 
said ;  and  aft^r  liaving  made  a  just  ami  fair  com- 
.  parisou  of  the  advantages  and  disadvantages,  they 

damnKes^  °*  shall    estimate    and    determine    whether   any,    and, 

if     any,     what     amount     of     damage     has     been 
Report.  or     may     be     sustained,     and      to     whom     pay- 

able,    and     to     make     report     thereof     to     said 
Judgment  court ;     and     if    damages    be    awarded,    and     the 

report  be   confirmed   by   the  said   court,  judgment 
shall  be  entered  therefor;  and  if  the  amount  thereof  be  not  paid 
within  thirty  days  after  the  entry  of  said  judgment,  execution  to 
enforce  payment  shall  be  had  as  in  other  similar 
Proviso.  cases:     Provided.     That    either    party    shall     have 

the  right  to  have  viewers  appointed  by  said  court.     Each  viewer 
shall   receive  three  dollars  per  day  for  each   day  necessarily   em- 
ployed   in    said    view    or    review.     And    provided 
Proviso.  also,    That    each    party    shall    have    the    right    to 

appeal  from  the  report  of  said  viewers  or  reviewers  to  the  court 


(X)    Act  Jnly  10,   1901,   sec.    1,  P.   L.   p.   632 


OF  PENNSYLVAiMA.  157 

of  comomn   pleas,   within   thirty  days  after  the   filing  of  such    re- 
port, and  the  same  shall  bo  tried  by  a  jury  as  in 
similar  cases  (y). 

CCCLXXVI.  The  cost   of   th^-  first   view   shall   be   paid   by   the 
party   condemnins;   the   property ;    the   cost   of  the 
review  or  appeal  shall  be  paid  by  the  party  losing    ^"^ts. 
the  controversy  (z). 

CCCLXXVI  I.  That  all  moneys  received  or  that  hereafter  be 
received  by  the  Commonwealth  from  any  insurance  policy  or  poli- 
cies upon  buildings  belonging  to  any  of  the  State  Normal  schools, 
shall  be  held  by  the  State  Treasurer  in  trust  for  the  repairing  and 
rebuilding  of  the  part  covered  by  such  insurance  policy  or  policies, 
under  airection  of  the  trustees  of  such  Normal  school  (a). 

CCCLXXVIII.  When  the  trustees  of  any  Normal  school,  whose 
buildings  insured  for  the  use  of  the  State,  have  been  injured  or 
destroyed  by  fire,  shall  have  repaired  or  rebuilt  the  part  covered 
by  such  insurance  policy  or  policies,  and  shall  satisfy  the  Board 
of  Public  Instruction,  consisting  of  the  Governor.  Attorney  Gen- 
eral and  Superintendent  of  Public  Instruction,  that  the  amount  of 
insurance  money  received  by  the  State,  has  been  expended  on  such 
repair  or  rebuilding,  the  Superintendent  of  Public  Instruction  shall 
draw  his  warrant  in  favor  of  said  Normal  school  for  the  amount 
of  such  insurance  money,  or  for  such  Dart  thereof  as  the  said 
Board  of  Public  Instruction  shall  be  satisfied  has  been  expended 
on  such  repair  or  rebuilding,  and  the  State  Treasurer  is  author- 
ized and  required  to  pay  said  warrant  out  of  the  insurance  money 
thus  received  (b). 

Colleges    and    Academies. 

CCCLXXIX.  That  it  shall  be  the  duty  of  the  Superintendent 
of   Comomn    Schools    to    prescribe   all    forms   and 

to  give  all  instructions  required  for  carrying   this  JiV,lu.  °/  ^f^rJ^.n" 

act   into   full    etJect,   on   all    points   not   herein   set  j^^^  schools, 
forth  in  detail  (c). 

CCCi>XXX.  That  all  institutions  of  learning  hereafter  to  be 
incorporated    as    colleges,     universities,     or    theo- 

logical     seminaries,     with     power     to     confer     de-  {earningTaicb 

grees  in  art,  pure  and  applied  science,  philosophy,  jn-e  incorporated 

literature,   law,   medicine  and   theology,  or  any  of  .shall  have  foliow- 

them.    shall    be   incorporated   in   the   manner   here-  i^g  powers, 
inafter  set  forth,  with  general  power  as  follows: 


(y)  Act  July  10.  1901,   sec.  2,  P.  L.  p.   633. 

(z)  Act  July  10,   1901,  sec.  3,  P.  L.  p.   633. 

(a)  Act  June  3,   1885,   sec.    1.   P.   L.   p.   71. 

(b)  Act  June  3,   1885,   sec.   2,   P.   L.   p.   71. 
(c.)  Act  May  20,   1857,   sec.   13.  P.  L  p.   587 


158  SCHOOL  LAWS   AND  DECISIO^'S 

First.  To    have    succession    by    their    corporate    names    for    the 
period    limited    by    their    charters,    and    when    no 
Succession.  period    is    limited    thereby,    or    by    this    act,    per- 

petually, subject  to  the  power  of  the  General  Assembly,  under  the 
Constitution  of  this  Commonwealth. 

Second.  To   maintain   and   defend   judicial    pro- 
Judicial  proceed-     ceedin"S. 

"^^'  Third.  To   make   and   use   a   common    seal    and 

Seal.  alter  the  same  at  pleasure. 

Fourth.  To    hold,    purchase    and    transfer    such    real    and    per- 
sonal    property   as    the    purposes    of    the   corpora- 
Property.  (-Jqjj  i-equire,  not  exceeding  the  amount  limited  by 
its  charter  or  by  law. 

Fifth.  To    appoint    and    remove    such    subordinate    officers    and 
agents    as    the    business    of    the    corporation    re- 
a^nts*  quires,    and    to    allow    them    suitable    compensa- 

tion. 
Sixth.  To  make  by-laws  not  inconsistent  with  law,  for  the  man- 
agement  of  their   property   and   the   regulation   of 
By-laws.  its  affairs. 

Ohiigations.  Seventli.  To  enter  into  any  obligation  necessary 

to  the  transaction  of  their  ordinary  affairs  (d). 
CCCLXXXI.  AVhenever  live  or  more  persons,  three  of  whom  at 
least  are  citizens  of  this  Commonwealth,  shall  voluntarily  a.ssociate 
themselves  together  for  the  purpose  of  obtaining  a  charter  of  in- 
corporation  as  a  college,  university  or  theological 
coTDoration     '°'      seminary   with   power  to  confer  degrees  as  afore- 
said,  they  shall   prepare   a   certificate  of  such   in- 
What  shall  be        tended  incorporation  which  shall  set  forth: 
set  forth.  J.  The  name  of  the  corporation. 

IL  The  purpose  for  which  it  is  formed. 

HI.  The  place  or  places  where  its  business  is  to  be  transacted. 

IV.  The  term  for  which  it  is  to  exist. 

V.  The  names  and  residences  of  the  subscribers. 

VI.  The  number  of  its  directors,  trustees  or  managers  and  the 
place  of  residence  of  those  who  are  chosen  as  such  for  the  first 
year. 

VII.  The  amount  of  assets  in  the  possession  of  said  subscribers 
which  are  to  be  devoted  to  the  purpose  of  establishing  and  con- 
ducting said  college  or  university. 

VIII.  The  minimum  number  of  persons  whom  it  is  intended  to 
regularly  employ  as  members  of  the  faculty  of  said  corporation. 

(d)    Act  June  26,    1895,   sec  1,   P.   L.   p.   327. 


OP  PENNSYLVANIA.  159 

IX.  A  brief  statement  of  the  requirements  for  admission  and  of 
the  course  of  study  to  be  pursued  in  said  institution  (e). 

CCCLXXXII.  No  institution  shall  be  chartered  with  the  power 
to    confer   degi'ees    unlesss    it   has    assets    amount-     . 
ing:  to  five  hundred   thousand  dollars   invested   in    bS  afcoTpo-'"'' 
buildings,   apparatus  and   endowments   for  the  ex-     ration, 
elusive  purpose  of  promoting  instruction,  and  un- 
less  the  faculty  consists  of  at  least  six  regular  pro-    ^'icu'ty- 
fessors  who  devote  all  their  time  to  the  instruction  of  its  colleges 
or  university  classes,   nor  shall   any   baccalaureate  degree   in  art, 
science,  philosophy  or  literature  be  conferred  upon 
any  student  who   has   not  completed   a  college   or    ^^°  ^^°  receive 
university  course  covering  four  years.     The  stand-    "^S'^^®- 
ard   of  admission   to   these  four  years'   courses   or    gtan^^rd  of  ad- 
to    advanced    classes    in    these    courses    shall    be    mission. 
subject    to    the    approval    of    the   said    council    (f). 

CCCLXXXIII.  The   council   shall    meet    regularly   on    the   first 
Tuesday  of  October  preceding  the  biennial  session 
of  the  Legislature,  and  shall  submit  to  that  body    ^j^etings  of  coun- 
a  biennial  report  upon  higher  education  in  Penn- 
sylvania ;  said  report  to  be  printed  in  connection  with  the  report 
of  the  Superintendent  of  Public  Instruction  (g). 

DISTRICT  SCHOOL  LIBRARIES. 

CCCLXXXIV.  That  whenever,  by  subscription  or  otherwise,  a 
collection  of  bocks  or  funds  to  purchase  the  same 
shall  have  been  obtained  to  form  a  public  library  Bchooi  libraries. 
in  and  for  any  common  school  districts  in  this  Commonwealth, 
it  shall  be  the  duty  of  the  board  of  directors  thereof,  for  the  time 
being,  to  select  the  most  suitable  school  house  therein  in  which 
said  library  shall  be  placed,  preferring,  if  otherwise  expedient,  the 
school  house  in  which  the  district  institute  is  held,  and  to  provide  out 
of  the  school  funds  of  the  district  a  suitable  case  or  cases  for  said 
library,  and  for  such  additional  books  as  may  annually  be  added 
thereto  (h). 

CCCLXXXV.  That   the  legal   possession   and   ownership  of  the 
books,  cases  and  other  appendages  of  the  district 
library,  shall  be  and   remain   in  the  proper  board    Ownersliip. 
of  directors  and  their  successors  in  office  as  trustees  for  the  dis- 
trict, and  that  the  felonious  taking  and  carrying  away  thereof,  or 
any  part  thereof,  or  of  any  book,  article,  apparatus  or  furniture, 

(e)  Act  June  26,  1895,  sec.  1,  P.  L.  p.  327. 

(f)  Act  June  26,  1895,  sec.  6,  P.  L.  p.  .329. 

(g)  Act  June  26,  189.5,  sec.  10,  P.  L.  p.  330. 
(h)  Act  May  5,  1864,  sec.  1,  P.  L.  p.  826. 


160  SCHOOL  LAWS  AND  DECISIONS 

from  or  belonging  to  any  common  school  house  shall  and  is  hereby 
declared  to  be  larceny,  and  the  breaking  into  a  common  school 
house  at  night,  with  intent  to  commit  larceny,  as  herein  set  forth, 
or  any  felony,  shall  ana  is  hereby  declared  to  be  burglary,  and 
that  any  larceny  or  burglary  so  committed,  shall  be  punished  as 
in  other  cases  under  existing  statutes  (i). 

CCCLXXXVI.  That  when  the  pupils  or  other  persons  connected 
with  any  common  school,  shall  have  procured  books 
Duly  of  board.  q^.  funds  for  the  purchase  of  books  for  a  school 
library  therefor,  it  shall  be  the  duty  of  the  directors  of  the  propei- 
district,  to  provide,  out  of  the  school  funds  of  the  district,  a  suit- 
able case  therefor,  and  also  for  such  additions  as  may  subse- 
Selection  of  qucntly  from   time   to   time   be   made   thereto,   and 

books.  the  selection  and   purchase  of  the  books  for  sucli 

school  library,  and  of  additions  thereto,  shall  be  made  by  a  com- 
mittee composed  of  the  teacher  of  the  school  for  the  time  being,  and 
of  not  less  than  two  parents  of  pupils;  but  that  no  books  shall  be 
be  chosen  by  all  the  attending  pupils ;  but  that  no  books  shall  be 
donated  to  or  placed  in  said  library  without  the  approval  of  the 
proper  selecting  committee,  and  that  it  shall  not  be  lawful  for  the 
board  of  directors  to  appropriate  any  of  the  funds  of  the  district 
to  the  purchase  of  books  for  said  school  library  (j). 

CCCLXXXVII.  That  for  the  purpose  of  securing  a  system  of 
May  establish  free,  non-sectarian  public  libraries  on  a  substantinl 
and  maintain  a  and  permanent  basis  throughout  the  Common- 
free  public  11-  wealth,  authority  is  hereby  given  to  board  of 
•"■ary.  school  directors,  or  to  auy  board  or  organization 

having  control  of  the  common  schools,  in  each  and  every  common 
school  district,  except  in  cities  of  the  first  and  second  class, 
whenever  the  same  may  be  decided  upon  by  a  majority  vote  of  all 
the  members  thereof,  to  provide  a  place  for  and  establish  and 
maintain  such  public  library  for  the  general  use  of  the  residents 
in  the  district,  subject  to  the  ensuing  provisions  of  this  act  (k). 

CCCLXXXVIII.  Said  board  may  set  aside  the  whole  or  a  por- 
tion of  any  school  house,  now  or  hereafter  erected 
may  °be 'used^*  within   the   district   for  the   uses   and   purposes   of 

such  library,  having  due  regard  to  the  convenience 
of  the  citizens,  and  may  make  any  changes,  repairs  or  additions 
that  may  be  necessary  to  properly  carry   out  the  objects  of  this 


(1)  Act  May  5,  1864,  sec.  a,  P.  L.  p.  827. 
(J)   Act  May  5,   1864,  sec.   7,  P.  L.  p.  828. 
(k)    Act  June  28,   1895,  sec.   1,  P.   L.  p.   411 


OF  PENNSYLVANIA.  161 

act,  or,  at  its  option,  may  lease,  purchase  or  erect    Or  buildings  may 
a  suitable  building  in  some  convenient  location  for    p,®p^^efi  '"^ 

the  use,  storage  and  accommodation  of  such  library, 
but   no   land   or  structure   shall   be   purchased   or 
building    commenced    until    the    cost    thereof    has    But  cost  of  biuui- 
been    fully   provided   for   under   the   laws   regulat-    ^'?fe,i"'^fr  blfor" 
ing  the  erection  of  new  school  houses  within  the    purchase, 
district  (1). 

CCCLXXXIX.  It  shall  be  lawful  for  said  Board  to  levy  a  tax 
for   the   purchase,    improvement   and   maintenance    ^^.^^  public  li- 
of  said  library,  not  exceeding  one  mill  in  any  one    biaries. 
year,  which  tss.  shall  be  included  in  the  tax  levy 
made  tor  scijool  purposes,  upon  the  same  subjects    p^g^^g  ^f         •""" 
of  taxa'.^n,  and  shall  be  collected  at  the  same  time 
and   in   the  same  manner  (m). 

CCCXC.  The  public  library  of  each  district  shall  be  under  the 
general    management    of    nine    trustees    acting    as    rj.,.yj.tees  of  li- 
the   agents   and    appointees    of    the    school    board,    brary. 
who   shall   approve   all   plans   for  its   storage   and 
accommodation,   purchase   and   take   charge   of  all    ^'^^'^'j*^  P*^,,'p",^ 
books,   maps,   documents,    rolics  and   literary,   his-    "'"'^  "     '"*'    '''^ 
torical  or  other  contributions,  appoint  all  employes  and  make  all 
regulations  and  do  all  things  necessary  to  its  government  preserva- 
tion   and    maintenance,    subject    to    the    approval    of    the    board. 
The    president    and    treasurer    of    the    board,    and 
the   superintendent   of   the  schools   of   the   district    ^e^;"  „"boSu"" 
(or  if  there  is  no  such  ofBcer  the  secretary  of  the 
board),   shall   be   ex-officio   members   of   the    board 
of  trustees.     The  other  six  members  shall  be  elected    Members  of 
by  the  school   board,   two  each   for  one,   two  and    ''"p^'j^j  Jju^j'uniii 
three  years,  and  annually  thereafter  two  members    (,f 
shall  be  chosen  by  said  board  for  the  term  of  three 
years.     Pllach    trustee    shall    sene    until    his    successor    is    elected, 
and  in  case  of  a  vacancy  it  shall  be  filled  by  the    vacancy 
school   board   for   the  unexpired   term.     The   trus- 
tees shall  make  a  report  to  the  school  board  once    Report   of   trus- 
each    year,    and    oftener   if   called    upon,    of   such     ^*^^' 
subjects  and   in  such   manner  as  may  be   required   by  said   board 
(n). 

CCCXCI.  All  public  libraries  established  as  above  shall  be  under 


(1)  Act  Juue  28,  1895,  sec.  'J..  V.  L.  p.  -Ill 
(m)  Act  April  20,  1905,  sec.  3,  P.  L.  p.  231 
(n)    Act  June  28,    1895,   sec.   4,   P.   L.   p.    411 


162  SCHOOL  LAWS  AND  DECISIONS 

the  general  supervision  and  subiect  to  the  inspec- 
u^ndefsupervisfon  'i^n  of  the  State  Librarian  who  is  hereby  em- 
of  state  Li-  powered  to  require  reports  thereof  to  be  made  by 

brarian.  the  trustees  at  such  time  and  in  such  manner  as  he 

may  see  proper  (o). 
NOTE.— The  Act  of  May  5,  1899.  P.  L.  p.  247,  substitutes  the 
Free  Library  Commission  for  the  State  Librarian  in  the  above 
paragraph.  The  State  Librarian  is  secretary  of  that  commission 
to  whom  all  communications  in  regard  to  free  libraries  should  be 
addressed. 

CCCXCII.  It  shall  be  lawful  for  the  school  board  of  any  com- 
mon school  district,  and  their  successors  in  ofBce, 
jrnv  receive  gift     ^^  receive  and  hold,  free  from  all  collateral  inherit- 
entiownment,  etc'    ance   tax,   any  devise,   bequest,  grant,   endowment, 

gift,  donation  or  contribution  of  property,  real, 
personal  or  mixed,  which  shall  be  made  for  the  establishment,  im- 
provement  or   maintenance   of   public   library   as   herein    provided 

for,  and  the  same  to  apply  to  the  purpose  for 
How  applied.  which    made    or    given,    and    snid    board,    or    their 

successor  in  office,  are  hereby  authorized  to  bring  suit,  and  do  all 
necessary  acts  for  the  recovery,  holding,  use  and  application  there- 
Proviso,  of:  Provided.  That  this  act  shall  not  apply  to 
Proviso.  _  cities  of  the  first  class:  Provided  further.  That  in 
cities  which  have  established  a  board  of  trustees  for  the  manage- 
ment _of_  a  free  library  established  by  said  municipality,  any  land 
or  buildings  appropriated  to  free  library  purposes  under  the  opera- 
tion of  this  bill,  shall  be  under  the  control  of  said  board  of  trus- 
tees (p). 

CCCXCIII.  That  when  any  township  surrounds  or  immediately 

adjoins  any  borough  within  this  Commonwealth, 
ships!"  '  the      school     directors,     boards,     or     organizations 

having  control  of  the  common  schools  of  said 
borough  and  township,  may  join  in  the  establishment  and  main- 
Free,  public  non-  tenance  of  a  free,  non-sectarian,  public  library  in 
sectarian  iib;ary.  said  borough  or  township,  or  partly  in  lioth,  the 
Expense  and  expense    of    such    establishment    and    maintenance 

maintenance.  to  be  borne  by  said  borough  and  township,  in  such 

proportions  as  may  be  agreed  upon  by  the  school  authorities  of  said 

respective  school  districts,  and  for  that  purpose 
Tax  levy.  jjj^y    jgyy    ^^le   taxes   provided    for   in    the   act   to 

which  this  is  a  supplement. 

When  any  township  surrounds  or  immediately  adjoins  any  bor- 
ough  within   this  Commonwealth,   within  either  of  which   here  is 


(o)   Act  June  28,   1895,  sec.   5,  P.   L.  p.   412. 
(p)   Act  Juue  28,  1895,  sec.  6,  P.  h.  p.  412. 


OF  PENNSYLVANIA.  163 

or  shall  be  hereafter  established,   otherwise   than   under  the  pro- 
visions of  the  act  to  which  this  is  a  supplement,  a  free  non-sec- 
tarian,  public   school    library,    the  school   directors,   boards,   or  or- 
ganizations having  control  of  the  common  schools  of  said  districts, 
may.  instead  of  establishing  another  public  library  and  providing 
for   its  maintenance,  join  in  extending  aid  to  such 
library,  already  established,  guaranteeing  such  aid.    ^^,  ^°   existing 
in  such  proportion,  and  on  such  terms  as  to  con-     ^  ^^^y- 
trol  and  management,  as  shall  be  agreed  upon  be-    Agreement, 
tween  the  managers  thereof  and  the  school  authori-    rj.^^  j 
ties  of  said  respective  districts ;  and  for  that  pur- 
pose may  levy  the  taxes  provided  for  in   the  act  to  which  this  is 
a  supplement,  in  the  manner  therein  provided. 

The  managers  of  any  public  library  receiving  aid  under  the  pro- 
visions  of   this   act,   shall   annually   report   to   the 
school   boards   furnishing  such   aid,   an  account  of    Annual  report, 
the  money  so  I'eceived,  under  the  oath  of  the  manager,  or  of  their 
secretary  and  treasurer,  and  such  accounts  shall  be  subject  to  the 
jurisdiction  of  the  auditors  by  whom  their  respective  school  boards 

are  audited,  in  like  manner  as  their  own  accounts    ,    ,.^    . 

^    \  Audit  ot  account. 

CCCXCIV.   That   in   any   school   district,    except   cities   of   the 
first    class,    wherein    there    is    or    shall    hereafter    be    established, 
otherwise  than  under   the  provisions  of  the  act   to  which   this  is 
a    supplement,    a    free    non-sectdrian    public    library,    the    school 
directors,    boards   or   organizations   having   control 
of   the   common   schools   of  said   district,   may,   in-    School  director.? 
stead   of   establishing   another   public   library   and    may  extend  aid 
providing  for  its  government,   extend  aid   to  such    ready  e^tifblifie  i 
library  on  such  terms  as  to  control  and  manage- 
ment as  shall  be  agreed  upon  between  the  managers  thereof  and  the 
school  authorities,   and  for  that  purpose  may   levy    May  levy  taxes 
the  taxes  provided  for  in  the  act  to  which  this  is    to  carry  act  into 
a  supplement,  in  the  manner  provided  therein  (r).      effect. 

CCCXCV.  That  it  shall  be  lawful   for  and   the  right  is  hereby 
conferred  upon  borough  councils,  and  also  on  school    ^.     ^.  . 
boards  of  this  Commonwealth,  to  purchase,  acquire,    ferred'lo  take' 
enter  ui)on,  take,  use  and  appropriate  private  pro-    private  property 
perty   for  the   purpose   of   using,   enlaraing  or  ex-    for  public  library 
tending  grounds  now  used  or  which  shall  hereafter    purposes, 
be   used  for   nublic   library   purposes,    within   the   corporate   limits 
thereof,   by  ordinance  or   resolution  as  may  be  determined   there- 
on (s). 

(q)   Act  April  2,   1903,   P.   L.   p.   133. 

(r)    Act  March  30,  1897,  sec.   1,  P.  L.  p.  10. 

(s)   Act  May  11.   1901,  sec.   1.  P.  L.  p.   169. 


U;4  SCHOOL,  JLAWS  AND  DECISIOISJS 

CCCXCVI.  That  in  addition  to  the  authority  now  vested  in 
any  board  of  school  directors  to  establish  one  central  horary, 
under  tho  provisions  ol!  the  act  to  which  this  is  a  supplement, 
the  school  directors,  board,  or  organization  having  control  of 
the  common  schools  of  any  district,  may,  at  their  option,  divide 
and  distribute  among  the  various  schools  of  the 
Disti-ibution  of  district  any  library  which  has  been  or  which 
library.  shall  be  hereafter  established  in  any  school  district 

under  the  provisions  of  the  aforesaid  act,  in  such  manner  and 
subject  to  such  regulation  as  may  seem  wise  and  proper  to  the 
school  directors,  board,  or  organizations  having  control  of  the 
district  in  which  said  library  is  established  (t). 

CCCXCVII.     The  public  library  of  each  district  shall  be  under 
the    general    management    of   nine   trustees    acting 
Trustees.  as  tho  agents  and  appointees  of  the  school  board 

who     shall     approve     all     plans    for    its    storage 
L'ovyers    and  ^^^^^  accommodation,  purchase  and   take  charge  of 

duties  oi.  ^]j    jjQQijg^    maps,    documents,    relics    and    literary, 

historical  or  other  contributions,  appoint  all  employes  and  make 
all  regulations,  and  to  do  all  things  necessary  to  its  government, 
preservation  and  maintenance,  subject  to  the  approval  of  the  board. 
The  president  and  treasurer  of  the  board  and  the  superintendent 
of  the  district  (or  if  there  is  no  such  officer,  the  secretary  of  the 
board),  shall  be  ex-officio  members  of  the  board 
Ex-officio  mem-  of  trustees.  The  other  six  members  shall  be  elected 
bers.  Ijy   i^i^e  school   board,   two  each   for  one,   two  and 

Election  and  term  three  years,  and  annually  thereafter  two  members 
ot  members.  shall    be   chosen   by   said    board    for   the   term   of 

three  years  (u). 
CCCXCVIII.  That  for  the  nurpose  of  establishing  and  main- 
taining free  public  libraries  on  a  permanent  basis 
^°v"m1ke°"aT  throughout  the  Commonwealth,  authority  is  hereby 
propri.ition  to  given  to  the  town  councils  of  the  boroughs  of  this 
establish   and  State  to  make  appropriation  or  appropriations  for 

maintain  free  ^j.   j^    j^j^j    ^f    jjjp    establishment    or    maintenance, 

public  libraries.  ^^  either,  of  a  free  public  library  or  libraries 
Or  aid  those  now  now  incorporated,  or  that  may  hereafter  be  in- 
incorporated,  corpora  ted.  for  the  use  of  the  residents  within  any 
u>°'''shaii*be  of  the  said  boroughs,  upon  condition  that  tht 
represented  in  municipal  authorities  shall  be  represented  to  the 
their  manage-  satisfaction  of  said  councils  in  the  raauagem'nt 
"•^°*-  of  such  library  or  libraries  (v). 


(t)    Act  May  11,  1901,  P.  !>.  p.  179. 

(u)   Act  May  11,  1901,  sec.  4,  P.  L.  p.  180,  amended 

(V)    Act  May  25,   1897,  sec.   1,   P.   L.  p.   84 


OF  PENNSYLVANIA.  165 

CCCXCIX.     That  said  councils  may  appropriate  annually  froui 
the   taxes   levied    and   collected    for   borough    pur-    ^^jpronriatiois 
poses   for   the   establishment   and   maintenance   of    Lot  to  escee'i  one 
such   library   or  libraries,   not   to   exceed   one   mill    mill  on  the  doi- 
ou   a  dollar  on   all   taxable   property   in   such   bor-    'ar- 
oughs  (vv). 

Home  for  the  Friendless  Children. 

CCCC.     That  the  board  of  trustees  and  the  board  of  managers 
or   a   majority   of   each    thereof,   of   any   school   commonly   known 
as    a    home    for   friendless  children,    or    institution    for    the    pur- 
pose of  educating  and  providing  for  friendless  destitute,  or  vagrant 
children,  now  formed,  organized  or  established,  or  that  may  here- 
after be   formed,   organized   or  established   in    this   Commonwealth 
not  of  a  denomination  or  sectarian  character,  shall  have  the  ri^ht 
,0   petition    the  judge   or   judges   of   the   court   of 
common  i)leas  of  the  county  in  which  such  school    pet"uon^  wun 
or  institution   is  located,  asking  for  a  decree  au- 
thorizing and  directing  the  payment  of  moneys,    out  of  the  funds 
of  said  county,  for  the  education  and  support  of  the  children  of 
such  school  or  institution  (x). 

CCCCl.      That    the    court    of    common    pleas    have    the    pov/er, 
and   it   shall    be   their   duty,    on   the   T>resentation 
of    a    petition,    as    provided    for    in    the    preceding    Court  to  ont-r 
section,    after    full    investigation    of    the    same,    to    coumy"  fund™ 
order  and  direct  the  commissioners  of  the  county 
or   city    in    which    said    school    or    institution    is    situate,    to   pay 
to  the  treasurer  of  such  school  or  institution,   out  of  the  county 
funds,   such  sum  or  sums  of  money,  and  in  such  instalments  as, 
in  the  discretion  of  the  said  court,  may  be  deemed  just  and  neces- 
sary, and  it  shall  be  the  duty  of  the  said  commissioners  to  draw 
their  warrants  upon  the  county  or  city  treasurer 
for  the  payment  of  such  application,  in  such  man-    ^isionei's  *^°'" 
ner  and  form. as  shall  be  provided  for  by  the  said 
court  (y). 

CCCCII.     That  the  court  of  common  pleas  shall  appoint  one- 
third    in    number    of    the    trustees    and    managers 
of   any    such    school    or   institution   accepting   the    point'^""^'  *°  ^^ 
benefits   of   this   act ;    to   require   the  treasurer  of 
any  such  school  or  institution  to  furnish  the  county  or  city  com- 

(w)  Act  May  25,  1897,  sec.  2,  P.  L.  p.  84. 
(x)  Act  April  12,  1875,  sec.  1,  P.  L.  p.  46. 
(y»   Act  April  12,  1875,  iee.  2.  P.  L.  p.  47. 


166  SCHOOL  LAWS  AND  DECISIONS 

missioners   an   Itemized   account   of  the   receipts   and   expenditures 
of  such  schools  or  institutions,  at  the  end  of  each  fiscal  year  (z). 
CCCCIII.     That  the  board  of  trustees  and  the  board  of  mana- 
gers   of    any    such    school    or    institution    desiring 
Acceptance  or  (-^  accept  the  provisions  of  this  act  shall  set  forth 

the   same   in    their   petition   presented   to   the   said 
court  of  common  pleas  as  authorized  in  the  first  section  of  this  act. 
No  teacher  shall  be  employed  in  any  such  school 
Teachers.  qj.  institvition    who   has   not   received  a   valid   cer- 

tificate from   the  superintendent   of  the  schools  of  the  county  in 
which  such  school  or  institution  is  situated  (a). 

CCCCIV.    That   the   school  directors   of   every   school  district  in 
this  Commonwealth  shall  admit  the  inmates  of  any  orphan  asylum 
or  home  for  poor  and  friendless  children  situated  in   their  school 
district,    to    the   schools   of   the   district,    provided 
Proviso.  there   is   building  capacity,   upon   the   payment   of 

a  reasonable  tuition,  per  capita,  which  tuition  shall  be  fixed  by 
the  superintendent  of  schools  of  the  county  in  which  the  orphan 
asylum  or  home  for  poor  and  friendless  children  is  located,  upon 
the  application  of  the  directors  of  said  school  district,  or  the 
managers  of  tue  orphan  asylum  or  home  for  poor  and  friendless 
children:  Provided,  That  where  said  orphan 
Proviso.  asylum,  or  home  for  poor  and  friendless  children, 

is   located   in   a   city,   the   superintendent   of   schools   of   that   city 
shall  fix  the  tuition  (b). 

Evening  Schools. 

CCCCV.      That   it   shall    be    the   duty   of   the    board    of   school 

directors   or  school   controllers  of  any  school  dis- 

When  evening  j-j-igj.     jq     ti^jg     Commonwealth,     upon    the    appli- 

scUools  to  be  .  •  i?    j_i  ^        L-    ^  !_  ., 

opened.  cation    or    the    parents   ot    twenty    or   more   pupils 

above  the  age  of  six  years,  residents  of  said  school 
district,  to  open  a  free  evening  school  for  their  tuition  in  orthog- 
raphy, reading,  writing,  arithmetic  and  such  other  branches  as 
may  be  deemed  advisable,  and  to  keep  open  said  school  for  a 
term  not  less  than  four  months  in  each  year,  each  of  the  said 
months  to  consist  of  twenty  days,  and  each  of  said  days  an  evening 
session   of   at   least   two   hours:     Provided,   however,      That   when 

the  average  daily  attendance  for  one  month  falls 
atTendance*^*^^  below  fifteen  daily,  said  school  directors  or  school 

controllers  may,  at  their  option,  close  said  evening 
school  for  the  remainder  of  said  term  (c). 

(z)    Act  April  12,   1875,  sec.   2,   P.  L.  p.  47. 

(a)  Act  April  12,   1875,   sec.  6,  P.  L.  p.  48. 

(b)  Act  March  22,   1901,  sec.   1,  P,  L.  p.  55. 

(c)  Act  May  22,   1883,  sec.  1,  P.  L.  p.  37. 


OF  PENNSYLVANIA.  167 

CCCCVI.     That  upon  such  application  the  board  of  school  di- 
rectors or  school  controllers  shall  proceed,  without  nn^nPrt  at 
unnecessary    delay,    to    hire    a   competent    teacher    ^°^^°^  "P"'"'''*  ^^ 
and    open    said    evening    school    in    a    convenient 
location:     Provided,    That  two  or  more  contiguous  school  districts 
may  at  any  time  unite  in  the  establishment  and 
support  of  one  or  more  evening  schools,  and  con-    tricts  ' 
ribute   pro   rata   to   the   expense   of   their   mainte- 
nance (d). 

GCCCVII.     That  the  qualifications  of  teachers  for  said  evening 
school  shall  be  the  same  as  those  for  the  teachers 
of    the    nublic    schools    of    the    Commonwealth    as    tSe^s 
already  made  and   provided,   or  as  may  hereafter 
De  made  and  provided  by  law  (e). 

CCCCV^III.  That  the  expenses  for  the  support  and  mainte- 
nance of  said  evening  schools  shall  be  defrayed  ^xDenses 
out  of  the  taxes  raised  for  the  support  of  the  ^ 
common  schools:  Provided.  That  said  school  board  may  in  making 
their  estimates  for  the  school  year,  allow  and  set  aside  a  certain 
sum  for  the  support  and  maintenance  of  said  evening  schools, 
and  levy  and  collect  their  tax  rate  accordingly  (f). 

CCCCIX.     That  the  board  of  directors  or  school  controllers  of 
any   school    district   may,    where   necessary,    establish    an   evening 
high    school,    and    that    the    boards    of   school    di- 
rectors or  school  controllers  of  two  or  more  con-    gchoX^mal  be 
tiguous   school   districts   may   unite   for  the  estab-    established, 
lishment   and  support  of   an   evening   high   school, 
the  curriculum  of  which  shall  be  drawn  up  and  arranged  by  the 
several  school  boards  in  joint  session  met  and  assembled,  accord- 
ing to  the  best  judgments  and  the  necessities  of  their  respective 
districts  (g). 

CCCCX.  That    no    pupil    shall    be    admitted    to    said    evening 
school   who   is   unemployed  during  the  day,  or  in 
actual  attendance  upon  any  school  during  the  day,    fitted, 
public  or  private  (h). 

CCCCXI.     That  when  the  average  daily  attendance  upon  said 
schools    for    one    month    exceeds    fifty    pupils,    an 
additional   teacher   may   be   engaged   and   retained    ^aeher" 
until    the    average    daily    attendance    falls    to    or 
below  forty  (ij. 

CCCCXII.     That  should  any  board  of  school  directors  or  con- 

(d)  Act  May  22,   1S83,  sec.   2,   P.  L.  p.  37. 

(e)  Act  May  22,   1883,  sec.   3,  P.  L.   p.   37. 

(f)  Act  May  22,  1883,  sec.  4,  P.  L.  p.  37. 

(g)  Act  May  22,  1883,  sec.  5,  P.  L.  p.  38. 
(h)  Act  May  22,  1883,  sec.  6,  P.  L.  p.  38. 
(i)   Act  May  22,   1883,  sec.  7,  P.  L.  p.   38. 

12 


Ibis  SCHOOL  LAWS  AiND  DECISIONS 

trollers  neslect  or  refuse  to  carry  out  the  pro- 
i-nicedure  ou  re-  yjgions  of  tliis  act,  the  petitioners  aforesaid  may 
I iitr  evening^ '  present    their    petition    to    the    court    of    common 

.school.  pleas   of   their   proper   county,    setting   forth    that 

application  lias  l)oen  made  to  the  proper  board 
of  school  directors  or  controllers  aforesaid,  and  that  said  board 
Had  neglected   or  refused  to  carry  out  the  pi'ovisions  of  this  act; 

whereupon  such  court  shall,  after  due  proof  of 
coui'f^  °^  ^'^'^  notice    of   the    presentation   of  such    petition    have 

been  served  upon  the  president  and  secretary  ot 
such  board,  proceed  to  hear  and  determine  as  to  the  necessities 
and  propriety  of  the  establishment  of  such  school  or  schools,  and 
Ml  i  s  discretion  order  the  board  of  school  directors  or  controllers 
to  open  and  maintain  such  school  or  schools  with  the  power  to 
enforce  such  order  by  attachment  or  mandamus,  at  the  discretion 
of  the  court  (j). 

CCCCXIII.     That  the  provisions  of  this  act  shall  not  go  into 

force  until  ths  beginning  of  the  regular  school 
\A  lien  to  take  year.    Anno   Domini    one    thousand   eight    hundred 

and  eighty-three:  I'rovided,  That  the  provisions 
(if  tliis  act  shall  not  apply  to  any  jiart  or  section  of  the  State 
wliere  special  provisions  exist  for  night  schools  (k). 

CCJCCXiV.     That  whenever  the  school   directors  or  controllers 

of  any  city  of  the  Commonwealth  shall  be  re- 
?or  manuaT'^  quested    by    fifty    or    more    taxpayers,    they    shall 

training    of  establish    and    equip    sufficient    night    schools    for 

cblldreu.  the    manual    training    of    children    above    the    age 

of  twelve  years,  and  shall  keep  the  same  open  as  many  months 
in  the  year  as  day  schools  are  kept  open  in  such  city.  The  court 
(if    common    pleas    of    the    proper    county    shall    have   jurisdiction 

to  enforce  this  act  by  mandamus:  Provided. 
Manaamus.  That  when   the  average  attendance  shall   fall   be- 

h)w  fifteen  nightly,  the  board  may,  at  their  option,  close  the 
school  for  the  remainder  of  the  term  (1). 

<'(,:CCXV.  That  section  seven  of  an  act.  entitled  "An  act  to 
provide  at  the  public  expense,  free  evening  schools  for  the  educa- 
tion of  the  children  of  this  Commonwealth,  wdio,  from  any 
cause  are  imable  to  attend  the  public  schools."  approved  ]May 
twenty-second.  Anno  Domini  one  thousand  eight  hundred  and 
eidity-three,  which  reads  as  follows: 

"That   when    the   average   daily   attendance    upon    said    schools. 

for  one  month,  exceeds  fify  pupils,  an  additional 
cited   for   repeal,     teacher   may   be   engaged    and    retained   until   the 

(j)  Act  May  22,  1883,  sec.  8,  P.  L.  p.  38. 
(k)  Act  May  22,  1883,  sec.  9,  P.  L.  p.  38. 
(1)    Act  May  11.  1901,  sec.   1,  P.  I.,  p.   17«. 


OF  PENNSYLVANIA.  169 

average    daily    attendance    falls    to    or    below    forty,"    be    and    the 
same  is  lioroby  amended  to  read  as  follows: 

That  as  tlie  averasje  daily  attendance  increases,  additional 
teachers  may  be  engaged  and  retained  at  the  .,,,,,.;„„„,  ,..„.,, 
diserotiou  of  the  school  directors  or  controllers  ^^^^'^'"'"'^  f*^"-"" 
aforesaid  (m). 

CCCCXVI.  That   physical   culture,   by  a   regular  and    progres- 
sive  course    of    calisthenics,    shall    be    included    in    pijygij.ai   culture 
the   branches   of   study   now    required    by    law    to    to  be  inciuied 
be  tauiiht  in   the  public  schools  of  this  Common-    in  brauches  of 
wealth"^(u).  «t"'Jy  ,       ^ 

CCCCXVII.  It  shall  be  the  duty  of  school  directors,  boards  of 
school    controllers,    and    boards    of    education    of 
the    public    schools    of    this    Commonwealth,     to    ffitors.Ttc" 
make  proper  provisions  in  all  the  schools  or  dis- 
tricts  under   their  jurisdiction,   care   and   control,   for   instruction 
to  be  given  the  pupils  of  said  public  schools  in  physical  cultawe, 
by    a    regular    and    progressive    course    of    calisthenics,    and    any 
failure   on    the   part   of   said   directors,   controllers 
or   boards   of  education,   to   comply  with    the  pro-    co'"urs''e^of'*'caUs- 
visions    of    this    act,    satisfactorily    proven    to    the    tlienics. 
State   Superintendent  of  Public  Instruction,  shall 
be    deemed    sufficient    cause    for    with-holding    the    state's    ap,)ro 
warrant  for  State's  appropriation  of  school  money   pr/at'o?  «"=!?  '"' 
to    which    district    would    otherwise    be    entitled:    withbeld. 
Provided,     That    teachers    shall    not    be    required    proviso, 
to  pass  examinations  in  the  branch  of  study  pro- 
vided   in    this    act    until    afi,"    Jauunvy    first,    cne    thousand    nine 
hundred  and  two  (1902):     Provided,   That  this  act  . 

apply    only    to    cities    of    the    first    and    second    i^roviso. 
class  (o).  ^    , 

CCCCXVIII.     That  the  several  boards  of  directors  of  the  sub- 
school  districts  of  cities  of  the  second  class  shall  „„,^K,e„ 
have    the    power   to    purchase    lots    of   ground,   to    f^f^  purcuas. 
erect,  enlarge  and  repair  school  buildings  thereon, 
to  purchase"  furniture,  apparatus,  books,  stationery  and  fuel,  and 
to  pay  janitors  in  their  respective  districts,  and  to  borrow  money 
and    provide    for    the    payment    thereof,    with    its    interest,    and 
to  levy  taxes  for  such  purposes,  as  fully  as  such 
power  existed   and  belonged  to  said  boards,  prior   ^^"^    taxes, 
to  the  pasaffe  of  the  act.  entitled    "An  act  in  relation  to  cities  of 
the  second  class,  providing  for  the  levy,  collection  and  disbursement 
of  taxes,"  approved  the  twenty-second  day  of  March.  Anno  Domini 
one  thousand  eight  hundred  and  seventy-seven  (p). 


(m)  Act  May  7,  1889,  sec.  1,  P.  L.  p.  110. 
(n)  Act  March  8,  1901,  sec.  1,  P.  L.  p.  49. 
(0)  Act  March  8,  1901,  sec.  2,  P.  L.  p.  49. 
fp>   Aot  M«7  24.   1881,  sec.   1,  P.  Tj.  p.   2» 


170  SCHOOL  LAWS  AND  DECISIONS 

Child  Labor. 

CCCCXIX.     That  from  and   after  the  passage  of  this  act,    no 
Child   labor.  minor   under   the   ase   of   fourteen   years   shall   be 

BUuminous  coal  employed,  permitted,  or  suffered  to  work,  in, 
thradte'^comor-  about,  or  for  any  bituminous  coal-mine  or  an- 
ies  and  breakers,     thracite   colliery   or   breaker   (q). 

CCCCXX.     That  no  minor  under  the  age  of  sixteen  j'ears  shall 
be   employed,    permitted,    or   suffered    to   work,   in 
Minors   under   16    qj.   about    or    for    any    establishment    or    industry. 
^^^^^-  named    in    section   one   of   this   act,    for   a   longer 

period    than    ten    hours    in    any    one    day,    except 
Hours  of  em-  when   a   different   apportionment   of  the   hours   of 

p  oymen  .  labor  is  made  for  the  sole  purpose  of  making  a 

shorter  work-day  for  one  day  in  the  week ;  nor  shall  a  less  period 
than  forty-five  minutes  be  allowed  for  the  midday  meal ;  and  in 
no  case  shall  the  hours  of  labor  exceed  fifty-eight  in  any  one 
week.  No  minor  under  the  age  of  sixteen  years  shall  be  em- 
ployed or  permitted  to  work  between  the  hours  of  nine  post 
meridian   and   six   ante   meridian   (r). 

CCCCXXI.  That  no  minor  under  the  age  of  sixteen  years 
shall  be  employed  in  or  about  or  ror  any  establishment  or  in- 
dustry named  in  section  one  of  this  act,  unless  the  employer  of 
said  minor  procures  and  keeps  on  file,  and  accessible  to  the  mine 
inspector,  the  employment  certificate  as  herein- 
tiflrate""^"  ^*'''  after  provided,  issued  to  said  minor,  and  keeps 
two  complete  lists  of  all  minors  under  the  age  of 
^*^'^-  sixteen  years  employed  in  or  for  his  or  her  estab- 

lishment ;  one  of  said  lists  to  be  kept  on  file  in  the  office  of  the 
employer,    and    one    to    be    conspicuously    posted    in    each    of    the 
several  departments  in  or  for  which  minors  are  employed.     Said 
employment  certificate,   when   issued,   shall   be  the 
Certificate    shall      property   of   the   minor   named   therein,   who   shall 
the  'mmor      ^^         ^^    entitled    to    a    surrender   of   said   certificate    to 
him  or  her  by  the  employer  whenever  said  minor 
shall  leave  the  service  of  any  employer  holding  saiu  certificate  (s). 
CCCCXXII.      The    employment    certificates    required    by    the 
provisions  of  this  act  shall  be  issued  as  follows: — 

In  school  districts  having  a  district  superintendent  or  super- 
vising principal,  by  such  superintendent  or  su- 
By  whom  c<;rti-  pervising  principal ;  in  school  districts  having  no 
sued^  ^'^^  ^  ^  superintendent  or  supervising  principal,  but  hav- 
ing one  or  more  principals  of  schools,  by  such 
principals,  each  principal  to  issue  the  certificate  to  minors  resid- 
ing  within   the   territory   belonging   to   the   school   over   which   he 

(q)  Act  May  1,  1909,  sec.  1,  P.  L.  p.  3T5. 
(r)  Act  May  1,  1909,  see.  2,  P.  L.  p.  375. 
(s)   Act  May  1,  1909,  sec.  3,  P.  L..  p.  376. 


OF  PENNSYLVANIA.  171 

lias  supervision  ;  in  school  districts,  or  parts  of  districts,  having 
no   district   superintendent   or   principal,   by   the   secretary   of   the 
board  of  school  directors  for  that  district:     Pro- 
vided,    That    any    district    superintendent,    super-    Proviso, 
vising   principal   of  schools,   or  secretary   of   the   board   of   school 
directors,  hereby  directed  to  issue  such  certificates,  may  authorize 
and   deputize,   in  writing,   such   persons   as   they   may  see   proper, 
to  act  in   their  place  and   stead   for  the  purpose  of  issuing  such 
certificates.     Any  of  the  hereinbefore   mentioned   officials,  author- 
ized to  issue  employment  certificates,  before  doing  so  shall  demand 
and  if  possible  obtain,  a  birth  certificate,  or  bap- 
tismal   certificate,   or  passport,   or  any   other  oQi-    ^Jf^"   '^""° 
cial    or    religious    record    of    the    minor's    age,    or 
duly  attested  transcript  thereof;  or,  in  the  event  that  none  of  these 
is    obtainable,    may    accept,    in    lieu    thereof,    the 
record    age   as   given    on    the   register   of   a   school    Record   age 
the   minor   lias   attended ;    or,    in    the   absence    of 
such    record,   may   accept   the   afiidavit   of   the   rai-    p^.^^js^^ 
nor's   parent,    guardian,    or  other   person,    which 
affidavit    he    is    empowered    to    administer:    Pro- 
vided: That  the  powers  and  duties  conferred  by  this  section  on  the 
superintendents,  supervising  principals,  principal,  or  secretary  of  a 
board   of   school   directors,   be   and    the   same   are   conferred   upon 
superintendents,     supervising    principals,     principal,     teachers,     or 
secretaries   of   any   private   academy,   parochial   or  denominational 
schools,  in  all  cases  where  the  applicant  for  an  employment_  cer- 
tificate is,  or  recently  has  been,   an  attendant  pupil  in  a  private 
academy,   parochial  or  denominational  school,  and  is  not  a  pupil 
in   a   public   school:    And   provided   further,   That 
whenever   in    any   school   district   an   employment    '■^°^     ' 
certificate    is   issued    by    any    persons    other    than 
the      public      school      official      hereinbefore      directed      to      issue 
such  certificates  in  said  district,  said  persons  shall,  on  or  before 
the  third  day  of  each  month,  file  with  the  aforementioned  public 
school  official,  in  said  district,  true  copies  of  all  employment  certifi- 
cates   so    issued    (t). 

CCCCXXIII.  The  employment  certificate  provided  by  this 
act  for  the  use  of  a  minor  between  fourteen  and  sixteen  years  of 
age  shall  be  in  the  following  form: — 

This  certifies  that  (name  and  residence  of  minor)  is  aged 

years    ..........    months    /  v  •  .i^^^" ''    "^^^"^    Form   of   certifl- 

complexion  is ,  hair  is p^^p 

and  .eyes   are    ;    is   able   to   read   and  ' 

write  the  English  language  intelligently,  and  may  be  employed  at 

labor  in  any  bituminous  coal-mine  or  anthracite  colliery  or  breaker. 

This  certificate   is  a   legal   warrant  for  the  employment  of  the 

(t)   Act  May  1,   1909,   sec.  4,  P.  L.  p.  376. 


172  SCHOOL  LAWS  AM)  Di:ci.si(».\S 

minor  hereon,  in  any  of  the  above-named  esrablishmeui.s  and  indus- 
tries, under  the  provisions  of  an  act  approved    one 

thousand  nine  hundred  and  nine. 

(Signature   of   person   who   issued   certificate,    ofBcial   title   and 
official  address.) 

(Signature  of  minor  to  whom  issued.)  (Date.) 

CCCCXXIV.     The  blauli  employment  certificates  sh.-iU   le  pre 
Printing   and  pared  by  the  Superintendent  of  Public  lust/ucion, 

(listiibution  of  in  accordance  with  the  form  prescribed  in  this  act: 

hiauk    cerufl-  the   same    to   be   printed   in    accordance   with    the 

'-■'*"^^-  laws   regulating   printing   and    binding,   under   the 

supervision  of  the  Snperintendpnt  of  Public  Printing  and  Bind- 
ing. The  Superintendent  of  Public  Instruction  shall  also  supply 
the  aforesaid  certificates  to  all  persons  authorized  to  issue  the 
same   (vi. 

CCCCXXV.      Any    person    or    persons    violating    any    of    the 
provisions  of  this  act  shall  be  doomed   guilty  of  a 
vioi;mons.  misdemeanor,  and,  upon  conviction,  shall   be  pun- 

ished, for  a  first  offense,  by  a  tine  cf  not  less  tlmii  ten  dollars 
or  more  than  twenty-five  dollars,  or  ten  davs  imprisonment  in 
the  county  jail,  or  either  or  both,  at  the  discVotion  of  tln^  court; 
Penaitv  ^^^'    ^'°^'   ^    second    offeuso,    shnll    be    punished    by 

^  a  fine  of  not  more  than   fifty  dollars,   and   ninety 

days  imprisonment  in  a  county  jail,  or  either  or  both,  at  the  dis- 
cretion of  the  court. 

It  shall  be  the  duty  of  the  Chief  of  the  Department  of  Mines 

iTnfnroPmPnf  nf       ^°  ^^^'^'^  °^^^  '^'^^  provislous  of  this  act,  and  prose- 

Lntorcemeut  or         coitions   for   violations   thereof  shall    be   instituted 

either  by  the  Chief  of  the  Department  of  Mines  (w). 

CCCCXXVI.      All    fines   imposed    and    collected   for  any   viola- 
tion of  this  act  shall  be  forwarded  to  the  Chief  of 
:  ,  the  Department  of  Mines,  wha  shall  pay  the  same 

into  the  oflice  of  the  State  Treasurer,  for  the  use  of  the  Com- 
monwealth   (x). 

CCCCXXVII.      This   act   shall   be   in   force   and   effect   on   and 

fret  Janua^ry'^li  ^^^^^'  ^^^^^^^'^  ^^'^^'  one  thousand  nine  hundred 
1910.  '      and  ten  (y). 

CCCCXXVIIL    That  from  and   after  the  passage  of  this  act. 
Child    labor.  no    minor    under    the    age    of    eighteen    years,    ex- 

In  certain  sped-  cept  as  hereinafter  provided,  shall  be  employed, 
fied   taipioy-  uermitted,   or  sulTered   to   work,   in,   about,   or  for 

""^^  any     factory,      workshop,      rolling-mill,      sawmill. 

Minors  und^r  tbe  <'uarry,  laundry,  store;  mercantile,  printing,  or 
age  of  eigtiteen  binding  establishment ;  dock,  wharf ;  vessel  or 
y®"^-  boat  engaged  in  lake  or  river  navigation  or  com- 

merce,  railroad,  in  the  erection  or  repair  of  electric  wires,  business 

(v)    (w)    (i)    (y)    Act  May  1.    1909.   P.   L.   d.   377 


OF  PENNSYLVANIA.  ^  173 

office,  telegraph  office,  telepbone  office,  stable,  gai'aue,  hotel,  res- 
taurant, bootblack-staud  or  the  trausmission  of  newspapers,  mes- 
sa;ies.   or  merchandize  (z). 

CCCCXXIX.     That  male  minors  over  the  a.^e  of  eighteen  years 
may   be   employed   in   any   and   all   kinds  of  legal 
employment,    within    the    Communwealth ;    but    all    jjjners  „nder 
minors  undor  the  age  of  eighteen  years  shall  not    j^  years, 
be  employed  in  or  about  blast-furnaces,  tanneries, 
docks,   wharves,   quarries;   in   the  outside  erection 
and  repair  of  electric  wires;  in  the  running  or  management  of  ele- 
vators,  lifts,   or  hoisting  machines ;   in   oiling  hazardous  and   dan- 
gerous   machinery,     in  'motion;     at    switch-tending,    gate-tending, 
track-repairing;  asbrakeraen,  firemen,  engineers,  motormen,  con- 
ductors upon  railroads;  as  pilots,  firemen,  or  engineers  upon  boats 
or  vessels  engaged  in  the  transportation  of  passengers  or  merchan- 
dise;   in    or    about    establishments    wherein    nitro-glycerine,    dyna- 
mite,  dualin,   gun-cotton,   gunpowder,   or  other  high   or  dangerous 
explosive,    is   manufactured,    compounded   or  stored   (a). 

CCXX'XXX.     That  minors  over  the  age  of  sixteen  years  may  be 
employed  in  or  about  establishments  for  the  manu-    ^,. 
factui-e    or    preparation    of    white-leal,     red-lead,    l[[^^^'^  "^^'^  ^'■ 
paints,    phosphorus,    phosphorus    matches,    poison- 
ous   acids,    or    for    the    manufacture    or    stripping    of    tobacco    or 
cigars:     Provided,    That  where  it  is  proved  to  the 
sal;ist"action    of    the   Chief   Factory    Inspector   that    iTo^iso- 
the  danger  or  menace  to  the  health  or  safety  of  minors  employed 
in  any  establishment  or  industry  named   in   this  section  has  been 
removed,   or   that   employment   in   some   part   or   parts  of  said   in- 
dustry is  not  dangerous,  or  a  menace  to  the  health  or  safety  of 
minors  employed  therein,  that  in  such  case  minors  under  the  age 
of  sixteen  years,  and  not  under  the  age  of  four- 
teen years,' who  can   read  and   write   llie   English    a^j  uot  uufkr-**'**' 
language  intelligently,  and  are  physically  qualified,    14  years. 
may   be    therein    employed    (b). 

CCCCXXXI.      That    minors    over    the    age    of   fourteen    years, 
who    can    read    and    write    the    English    language 
intelligently,  and  are  physically  qualified,  may   be    ^y^^j;®   °^'='' 
employed    in    or    for    mercantile    establishments, 
stores ;    telegraph,   telephone,   or  other  business  offices,   hotels,    res- 
taurants ;  or  in  any  factory,  workshop,  rolling-mills,  or  other  estab- 
lishments having  proper  sanitation;  or  in  any  factory,  workshop, 
rolling-mills,  or  other  estalilishmeut  having  proper  sanitation  and 
proper  ventilation,  and  in  which  power  machinery  is  not  used,  or, 
if  used,  that  the  same,  and  all  oilier  dangerous  appliances  used  are 
kept   securely   and    properly   safe-guarded ;    rules   and    regulations 

(Z)    Act   April   29.    1909,   sec.   1.   P.   L.   p.   283. 
(a)    (b)    Act   April   29.    1909,    P.    L.   p.   283. 


174  SCHOOL  LAWS  AND  DECISIONS 

for  the  same  to  be  prescribed  and  provided  by  the  Chief  Factory 
Inspector   (c). 

CCCCXXXII.  That  no  male  minor  under  the  age  of  sixteen 
years,  and  no  female  under  the  age  of  eighteen  years,  shall  be 
employed,  permitted,  or  suffered  to  work,  in  or  about  or  for  any 
establishment,  place  of  business,  or  industry,  named  in  sections 
HmirR  of  Pm  thvee   and   four   of   this   act,    for   a   longer   period 

ployment.  ^^^^^    ^^^   hours    in   any   one   day,    except   when   a 

different  apportionment  of  the  hours  of  labor  is 
made  for  the  sole  purpose  of  making  a  shortor  work-day  for  one 
day  in  the  week,;  nor  shall  a  less  period  than  forty-five  minutes 
be  allowed  for  the  midday  meal ;  and  in  no  case  shall  the  hours 
of  labor  exceed  fifty-eight  in  any  one  week.  No  male  minor  under 
the  age  of  sixteen  years,  and  no  female  under  the  age  of  eighteen 
years,  shall  be  employed  or  permitted  to  work  between  the  hours 
of  nine  post  meridian  and  six  ante  meridian  (d). 

CCCCXXXIII.  That  where  the  usual  process  of  manufacture, 
or  the  nature  of  the  business  named  in  section  four  of  this  act,  is 
D  (1     •  ht         of    a    kind    that    customarily    necessitates    a    con- 

employment^  tinuous  day  and  night  employment,   male  minors, 

not  under  the  age  of  fourteen  years,  may  be 
employed  day  or  night,  or  partly  by  day  and  partly  by  niaht; 
but  said  employment  shall  not  exceed  nine  hours  during  "any 
twenty-four  hours  for  minors  under  the  age  of  sixteen  years.  A 
violation  of  any  of  the  provisions  of  this  "section  shall  be  deemed 
to   be   in   contravention    of   this   act   (e). 

CCCCXXXIV.  That  no  minor  under  the  age  of  sixteen  years 
shall  be  employed  in  or  about  or  for  any  establishment  or  industry 
named  in  sections  three  and  four  of  this  act,  unless  the  employer 

of  said  minor  procures  and  keeps  on  file,  and 
certmcate.  accessible    to    the    deputy    factory    inspectors,    the 

employment  certificate  as  hereinafter  provided,  issued  to  said  minor, 

and  keeps  two  complete  lists  of  all  minors  under 
^^®'  the   age   of  sixteen   years   employed   in   or  for  his 

or  her  establishment ;  one  of  said  lists  to  be  kept  on  file  in  the 
office  of  the  employer,  and  one  to  be  conspicuously  posted  in  each 
rPT-Hflnnto  o,.u  ^^  ^^'"^  sevcral  departments  in  or  for  which  mi- 
b"  the  property  ""'"'^  ^^''^  (''"Plo.ved.  Said  employment  certificate 
of    the    minor.        when   issued,   shall   be   the   property   of  the   minor 

named  therein,  who  shall  be  entitled  to  a  sur- 
render of  said  certificate  to  him  or  her  by  the  employer  whenever 
said  minor  shall  leave  the  service  of  any  employer  "holding  said 
certificate  (f). 


(c)    Act  April  29,   1909,   see.   4.   P.  L.   p.   284. 
M)    (e)    (f)    Act  April  29,   1909,   P.   L.   p.    284. 


OF  PENNSYLVANIA.  175 

CCCCXXXV.  The   employment   certificate    required    by    the 

provisions  of  this  act  shall  be  issued  as  follows: —    Employment 

In    school    districts    having    a    district    superin-    certificates. 
tenfU'Dt    or   supervising   principal,    by   such    super- 
intetident  or  supervising  principal ;   in  school  dis-      7  ^  om  ihsu  a. 
tricls  having  no  superintendent  or  supervising  principal,  but  hav- 
ing one   or  more   principals   of  schools,    by   such    principals,    each 
principal    to   issue   the   certificate    to   minors    residing   within    the 
territory  belonging  to  the  school  over  which  he  has  supervision ; 
in  schol  districts,  or  parts  of  districts,  having  no  district  superin- 
tendent   or    principal,    by    tho    secretary    of    the    board    of    school 
directors   for   that   district:     Provided,    That  any 
district      superintendent,      supei-vising      principal,    Proviso.  ^ 
principal  of  schools,  or  secretary  of  the  board  of  school  directors, 
hereby  directed  to  issue  such  certificates,  may  authorize  and  depu- 
tize,   in    writing,    such    persons   as    they    may   see    proper   to    act 
in    their  place  and   stead  for   the   purpose   of   issuing  such   certifi- 
cates.    Any  of  the  hereinbefore  mentioned  ofiicials,  authorized  to 
isue  employment  certificates,  before  doing  so  shall  .■-    , 

demand,  and  if  posible  obtain,  a  birth  certificate,    ^^c*'^    certi.irale. 
or    baptismal    certificate,    or    passport,    or    other 
official  or  religious  record  of  the  minor's  age,   or  a  duly  attested 
transcriot  thereof ;  and,  in  the  event  that  none  of  these  is  obtain- 
able, may  acept,  in  lieu  thereof,  a  record  of  the  age  as  given  on 
the  register  of  a  school  the  minor  has  attended  ;  or,  in  the  absence 
of   such    record,   may   accept   the   affidavit   of   the   minor's   parent 
or  guardian,   or  other   person,   which   affidavit   he 
is  empowered   to  administer:     Providea,    That  the    Pf'^^iso. 
powers  and  duties  conferred  by  this  section  on  the  superintendents, 
supervising  principals,  principal,  or  secretary  of  a  board  of  school 
directors,   be   and   the   same   are   conferred   upon   superintendents, 
supervising   principals,    principal,    teachers,   or   secretaries   of   any 
private  academy,  parochial  or  denominational  school,  in  all  cases 
where  the  applicant  for  an  employment  certificate  is,  or  recently 
has  been,  an  attendant  pupil  in  a  private  academy,  parochial  or 
denominational  school,  and  is  not  a  ])upil  in  a  pub- 
lie  school:     And  provided  further,    That  whenever   Proviso, 
in  any  school  district  an  employment  certificate  is  issued  by  any 
nersons  other  than  the  public  school  official  hereinbefore  directed 
to   issue   such    certificates   in    said   uistrict,    said    persons   shall,   on 
or  before  the  third  day  of  each  month,  file  with  the  aforementioned 
public  school  official,  in  said  district,  true  copies  of  all  employment 
certificates  so   issued   (g). 

CCCCXXXVI.     The  employment  certificate  provided  by  this  act 
for  the  use  of  a  minor  between  fourteen  and  six- 
teen  years  of  age  shall  be  in  the  following  form:—    ^^^^   °^  *=®"'' 

This   certifies   that   (name  and   residence  of  mi- 

(g)   Act  April  29,   1909,   sec.   8,   P.   L.  p.   285. 


lT»i  SCHOOL  LAWS  AND  DECISIONS 

uor)  is  aged years months days  ; 

whose  complexion  is   ,  hair  is   ,  and  eyes 

are   •.••••. ;  is  able  to  read  and  write  the  English  language 

intelligenfly,  and  may  ue  employed  at  labor  in  any  of  the  following 
estahlishraeuts,  businesses,  and  industries:  The  manufacture  or  the 
preparation  of  white-lead,  red-lead,  paints,  phosphorus,  phosphorus 
matches,  poisonous  acids,  tobacco  or  cigars,  in  which  industries 
minors  between  fourteen  and  sixteen  years  of  age  may  be  employed, 
only  when  their  labor  is  performed  in  such  part  or  parts  of  such 
industries  as  are  not  dangerous  or  a  menace  to  their  health  and 
satety, — and  mercantile  establishments,  stores  ;  telephone,  telegraph 
or  other  business  oflices ;  hotels,  restaurants ;  or  in  any  factory, 
workshop,  or  other  establishment  having  proper  sanitation  and 
proper  ventilation,  and  in  which  power  machinery  is  not  used,  or, 
if  used,  that  the  same,  and  all  other  dangerous  appliances  used, 
are  kept  securely  and  properly  safeguarded. 

This  certificate  is  a  legal  warrant  for  the  employrapnt  of  the 
minor  named  hereon,  in  any  of  the  above-named  establishments. 
Business,  and  industries,  uuder  the  provisions  of  an  act  approved 
one  thousand  nme  hundred  and  nine. 

(Signature  of  person  who  issued  certificate,  official  title  and 
ofiicial  address.) 

(Signature  of  minor  to  whom  issued.) 

CCCCXXXVIL  The  blank  employment  certificate  shall  be 
prepared  by  the  Superintendent  of  I'ublic  Instruction,  in  accord- 
Printing  and  dis-  ^'^''^  ^^'^'^  ^^^'^  f"'"^i  prescribed  in  this  act;  the 
tribution  of  same   to   be  printed   in   accordance  with   the  laws 

blank    certW-  regulating  printing  and  binding,   under  the  super- 

<^'^^^^-  vision    of    the    Suiirn-intendcnt    of    Public   Printins 

and  Binding.  The  Superintendent  of  Public  Instruction  shall 
also  supply  the  aforesaid  certificates  to  all  persons  authorized 
to  issue  the  same   (h). 

CCCCXXXVIII.  Any  person  or  persons  violating  any  of  the 
provisions  of  this  act  shall  be  deemed  uuilty  of  a 
violations  misdemeanor,  and.   upon  conviction,  sliall   be  piin- 

ished,  for  a  first  offense,  by  a  fine  of  not  less  than  ten  dollars 
p      ,.  or  more  than  twenty-five  dollars,  or  ten  days  im- 

feiaity.  prisonment  in  the  county  jail,  or  either  or  both,  at 

the  discretion  of  the  court;  and  for  a  Sfcimd  olTense.  shall  be  pun- 
ished by  a  fine  of  not  more  than  fifty  dollars,  and  uinetv  daj's  im- 
prisonment  in  a  county  jail,  or  either  or  both,   at   the' discretion 

Enforcement  of  ?,^  *l''*^  ^°t"'"*-  ^*  ^^^'^^^  ^'^  *'""  '^"^-^  ^f  the  Chief 
act.  factory   Inspector  to   can-y  out   the  provisions  of 

this   act,   and   prosecutions   for   violations   thereof 
shall  be  instituted  by  the  Chief  Factory  Inspector  (i). 

(h)    (i)    Act  April   29.    190».   P.   L.   p.    286  ~ 


OF  PENNSYLVANIA.  177 

CCCCXXXIX.     All  fines  imposed  and  collected  for  any  viola- 
tion of  this  act  shall   be  forwarded   to   the  Chief 
factory   Inspector,   who  shall   pay   the  same  into    *ines. 
the   office   of   the   State   Treasurer,   for   the   use   of   the   Common- 
wealth (j).  _  ,      .^ 

CCCCXL.     This  act  shall  be  in  force  and  effect  on  and  after 

January    first,    one    thousand    nine    hundred    and    Act  to  taice  el- 
,,  ,  feet    January    1, 

ten    (k).  1910. 

CCCCXLI.  That  in  all  cases  where  a  township    ro„.nship    school 
school   district   entirely   surrounds   a  city   or   bor-    districts. 
ou!>h,    it  shall   be   lawful   for  such  school   district 
to  ^acquire,    in    such    city    or    borough,    sufficient    fo'iiVimug  ^ouV    or 
lands  for  high  school  purposes,  and  to  erect  there-    borough, 
on  suitable  buildings  for  the  same   (1). 

CCCCXLII.      That     all     lands     and     property    ^•jJl^'f^^'X^Kh'^ 
acquired   by   any   township   school   district   in    any    8ct,,,oi    purt^-ses. 
such  city  or  borough,  under  the  provisions  of  this 
act.  shall  be  exempt  from   taxation   by  such   city.    Exemption    from 
borough,   or  school   district    thereof,   for   any   pur-    taxation, 
poses  whatsoever  (m). 

CCCCXLI II.      That    wlienever    the    board    of   directors    of    any 
such    township    school    district    in    this    Common- 
wealth   shall    be    unable    to    procure    in    such    city    Failure  to  agree 
or    oorough    such    eligible    sites,    for    the    erection 
of  high  school  houses  thereon,  as  they  may  deem  expedient,  by  agree- 
ment  with   the   owner  or  owners   of  the   land,   it   shall   and   may 
be  lawful  for  the  school  directors  of  said  township  school  district. 
in  behalf  of  the  said  township  school  district,  to  enter  upon  and  oc- 
cupy sufficient  ground  in  said  city  or  borough  for 
the  purpose,  which  the  said  township  school  directors    p°„g^    ^°"    "'^"' 
shall    designate    and    mark    off,    not    exceeding    in 
any  case  one  acre,  and  to  use  and  occupy  the  same  for  the  pur- 
pose of  erecting   thereon   a   high   school   house,   with   its  necessary 
or   convenient    appurtenances ;    and    for   all    dam- 
ages  done  and  sulTered,   or  which   shall   accrue  to    Damages, 
the  owner   or  owners   of  such   land,   by   reason   of  the   taking   of 
the   same   for   the   purposes   aforesaid,    the   funds   of   the   township 
school  district,  which  may  be  raised  by  taxation,  shall  be  pledged 
and    deemed    as   security ;    and    it    shall    and    may 
be   lawful   for  the  court   of   common   pleas   of   the    security, 
proper  county,  on  application  thereto  by  petition,    petition, 
either     by     the     said     school     district     township, 
through  the  president  and  secretary  of  the  board  of  directors,  or 
by  the  owner  or  owners  of  said  land,  or  any  of  them  in  behalf  of 

(j)  (k)  Act  April  29,  1909,  P.  L.  p.  287. 
(1)  Act  May  6,  1909,  sec.  1,  P.  L.  p.  461 
im)    Act  Mar  6.   IflOft.  we.   2.   P    T,    p.   4R1 


178  SCHOOL  LAWS  AND  DECISIONS 

Viewers.  ^11'    to   appoint   a   jury   of   viewers,    consisting   of 

tliree  discreet  and  disinterested  citizens  of  said 
county,  who  sliall  not  be  tlie  owners  of  property  or  residents  in 
the  township  school  district,  city  or  borough  in  which  such  land  is 
taken,  as  aforesaid^  and  appoint  a  time,  not  less  than  twenty 
nor  more  than  thirty  days  thereafter,  for  said  viewers  to  meet 
upon  said  land,  of  which  time  and  place  ten  days'  notice  shall  be 
given  by  the  petitioners  to  the  said  viewers  and  the  other  party ; 
and  the  said  viewers,  or  any  of  them,  having  been  first  duly  sworn 
or  affirmed  faithfully,  justly,  and  impartially  to  decide  and  a  true 
report  to  make  concerning  all  matters  and  things  to  be  sub- 
mitted to  them,  and  having  viewed  the  premises,  they  shall  estab- 
_  lish    and    determine    the    quantity    and    value    of 

Vafue  ^'^•fl    ^''iifl    ^0    taken    to    be    used    for    the    purpose 

aforesaid  ;  and  after  having  made  a  fair  and  just 
computation  of  the  advantages  and  disadvantages,  they  shall  esti- 
mate  and   determine    whether   any    and,    if   any,    what   amount   of 
damages    has   been    or   may    be   sustained   and    to 
•*'''^*''*^-  whom   payable,   and   make   report   thereof   to   said 

court ;  and  if  damages  be  awarded  and  the  report  be  confirmed 
by  the  said  court,  judgment  shall  be  entered  thereon ;  and  if 
amount  thereof  be  not  paid  within  thirty  days  after  the  entry 
of  said  judgment,  execution  to  enforce  the  collection  thereof  may 
be  issued  as  in  other  cases  of  judgment  against  said  township 
school  districts ;  and  each  viewer  shall  be  entitled  to  one  dollar 
and  fifty  cents  per  day  for  every  day  necessarily  employed  in  the 
performance  of  the  duties  herein  prescribed,  to  be  paid  by  such 
•  district:    Provided,    That   either   party   shall   have 

iToviso.  ^.]jg    right    to    have    re-viewers    appointed    by    said 

court:  And  provided  further.  That  said  school  directors  are  not 
authorized  by  this  act  to  take  land  already  appropriated  and 
actually  required  for  important  public  purposes  (n). 

Section  Seven  of  the  General  Appropriation  Act  of  1909. 

Schools. 

„  . ,.        ,  . ,  For    the    support    of    the    public    schools    and 

mal   schools."''"        normal    schools    of    this    Commonwealth,    for    the 

two  fiscal  years  commencing  on  the  first  day  of 
June,   one   thousand   nine   hundred   and   nine,    the   sum   of  fifteen 

million  dollars  ($15,000,000):  Provided,  The  city 
Proviso.  of    Philadelphia    shall    be    entitled    to    a    proper 

portion  of  this  appropriation,  including,  not  only  its  pro  rata  as 
provided  by  existing  laws  regulating  the  distribution  to  the 
several  counties,  but  also  the  sum  of  seventy-two  thousand  dol- 
lars, or  so  much  thereof  as  may  be  necessary,  for  the  education 

(n)    Act  May  6,    1909,   sec.   3,   P.   L.   p.   461. 


OF  PENNSYLVANIA.  179 

of  teachers  in  the  Philadelphia  Normal  School  for  ,   „  ,     , 

Girls    and    the    Philadelphia    School    of    Pedagogy    J;j''/°g,V]|*''""" 
for    i'oung  Men,   to   be  appliea  on   the  same  con-  . '  r,  ^ 

ditions    as    those    specified    for    the    education    of    ^^;^"°'  "^  ^'^'J*- 
teachers   in    the   State   Normal    Schools;    and   out    i^jiii-ideinhia 
of   the  amount   received   by   the   city   of   Philadel-    t,.,  ',,    ',    /,_.. 
phia.   there  shall  be  paid  the  sum  of  three  thou-    tute 
sand    dollars    to    the    Teachers'    Institute    of   said 
city ;  the  sum  of  ten  thousand  dollars  to  the  Phila- 
delphia   School    of   Design    for    Women,    for    their    rpeachers'   An- 
corporate    purposes ;    and    the    sum    of    ten    thou-    n^jty  gn^   ^j^ 
sand    dollars    to    the    Teachers'    Annuity    and    Aid    Association. 
Association    of   said    city:    And    provided    further. 
That  out  of  the  amount  hereby  appropriated,  there 
shall     be     paid     for     the    education     of     teachers 
in    the    State    Normal    Schools,    the    sum    of    six    Education  of 
hundred    thousand    dollars,    to    be    applied    as    fol-    teachers, 
lows:    For  each   student   over  seventeen   years   of 
age,    who    shall    sign    an    agreement    binding    said 
student   to    teach    in    the   common    schools   of   this 
State  two  full  annual  terms,  there  shall  be  paid  the  sum  of  one 
dollar  and   fifty   cents   a   week,   towards   the   payment   of   the   ex- 
penses for  tuition   of  said   students ;    provided ,    that  each   student 
in    a    State    Normal    School    drawing    said    allowance    from    the 
State   must   receive   regular  instruction   in   the  science   and   art  of 
teaching,  in  a  special   class  devoted   to  that  object,  for  the  whole 
time   for   which   said    allowance    is   drawn;    which 
amount   shall    be   paid    upon    warrants   of   the   Su-    wan-ants 
perintendent  of  Public  Instruction:  And  provided  further,  That  out 
of  the  said  amount,  hereby  appropriated,  there  shall  be  set  apart 
the   sum   of   one    hundred    thousand    dollars    (.'?100,000).    to   aid    in 
paying    the    tuition    of    pupils    who    attend    high    schools    outside 
of   their   own   district ;    and    the   sum   of   four   hundred    and   fifty 
thousand    dollars    (.?4.'0,000),    for   the    encouragement   and    support 
of    Township    and    Borough    High    Schools,    in-    Township  and 
eluding  joint  high   schools   maintained    by   two   or    borough  high 
more  "townships,    or    by    a    borough    and    one    or    schools, 
more   townships ;    but    no   high    school   shall    receive   appropriation 
as  a   high  school  of  the  first  grade,  unless   it  has  at   least   three 
teachers  who  devote  their  entire  time  to  high  school  work  during 
a   term  of  nine  months ;    and  no  high  school   shall   receive  appro- 
priation as  a  high  school   of  the  second   grade,   unless  it  has  two 
teachers  who  devote  their  entire  time  to  high  school  work  during 
a    period    of    eight    months ;    nor    shall    any    high    school    receive 
appropriation    unless    it    has    a    regular    attendance    of    twelve 
pupils  doing  high  school  work:  And  provided  further.  That  out  of 
the   said    amount    hereby    appropriated    there    shall    be    set    apart 


180  SCHOOL  LAWS  AND  DECISIONS 

the  sum  of  two  hundred  and  thirty  thousand  dollars,  to  be  ex- 
pended on  the  warrants  of  the  SupiM'iiitenilont  of  Pnhlic  In- 
^      .  .  struction,  for  the  payment  of  tlie  salaries  of  the 

tendentl"''""'°"  County  Superintendents  of  Pul.lic  Schools,  two 
years.  The  remainder  of  the  auionnt  hereby  ap- 
propriated shall  be  paid  on  warrants  of  the  Superintendent  of 
Public  Instruction,  drawn  in  favor  of  the  several  school  dis- 
tricts of  the  Commonwealth,  in  amounts  designated  by  the  State 
Treasurer,  and  whenever  he  shall  notify  the  Superintendent  of 
Public  Instruction,  in  writing,  that  there  are  suflBcient  funds 
in  the  State  Treasury  to  pay  the  same. 


RESOLUTION  ADOPTED  BY  THE  ADVISORY  BOARD  OF 
THE  DEPARTMENT  OF  HEALTH  OF  THE  COMMON- 
WEALTH OF  PENNSYLVANIA,  JULY  25,  1907. 

Resolved:  That  in  the  opinion  of  the  Advisory  Board  and 
the  Commissioner  of  Health,  a  person  who  has  had  the  opera- 
tion for  vaccination  faithfully  performed  three  times,  at  inter- 
vals of  two  successive  weeks,  without  success  is  for  the  time 
immune  from  smallpox,  and,  further,  that  under  the  present 
law  persons  who  have  a  written  certificate  from  a  reputable 
physician  that  two  such  attempts  to  vaccinate  were  faithfully 
performed  and  a  second  certificate  fi'om  a  physician  of  the 
State  Department  of  Health,  or  of  a  Board  or  Burejm  of  Health 
or  Sanitary  Committee  for  a  city  or  borough  may  be  admitted 
to  school  for  one  year  without  violating  the  spirit  of  the  law. 
the  object  of  which  is  simply  to  prevent  the  spread  of  small- 
pox. 


OF  PENNSYLVANIA.  181 


Rules  OF  Order,  Forms,  Etc. 


1.      RULES    OF   ORDER. 

The  following  rules  of  order  are  inserted  to  aid  boards  of 
directors  in  the  transaction  of  business.  They  consist,  mainly, 
of  some  of  the  plainest  provisions  of  parliamentary  law.  Each 
board  should  make  them  binding  by  a  vote  to  that  effect: 

1.  Four  members  being  present,  precisely  at  the  hour  to  which 
the  board  stands  adjourned,  the  president  shall  take  the  chair, 
call   the  members  to  onier  and  proceed  to  business. 

2.  Should  a  quorum  be  assembled  at  the  hour  appointed,  and 
the  president  be  absent,  a  president  pro  tem.  shall  be  appointed 
to  serve  dunng  that  meeting,  or  until  the  president  shall  appear. 

3.  Should  a  quorum  not  assemble  at  the  hour  appointed,  the 
director  or  directors  present  shall  be  competent  to  adjourn  from 
time  to  time,  that  an  opportunity  may  be  given  for  a  quorum 
to  assemble,  without  which  no  business  can  be  legally  trans- 
acted. 

4.  In  the  transaction  of  business,  the  following  order  shall 
be  observed:  1st,  recording  the  names  of  directors  present;  2d, 
reading  minutes ;  3d,  unfinished  business ;  4th,  reports  of  standing 
committees;  5th,  reports  of  special  committees;  Gth,  new  business, 
and   7th,   adjournment. 

5.  It  shall  be  the  duty  of  the  president,  at  all  times,  to  pre- 
serve order,  and  to  endeavor  to  conduct  all  business  before  the 
board  to  a  speedy  and  proper  result. 

6.  The  president,  as  such,  has  no  casting  vote,  his  right  is  to  vote 
on  every  question  by  virtue  of  his  membership. 

7.  The  president  may  speak  to  points  of  order  in  preference 
to  other  members,  and  shall  decide  questions  of  order,  Bubject 
to  an  appeal  to  the  board  by  any  two  members. 

8.  A  motion  made  must  be  seconded,  and  then  repeated  dis- 
tinctly by  the  president  or  read  aloud  before  it  is  debated,  and 
every  motion  shall  be  reduced  to  writing  if  the  president  or  any 
member  requires  it. 


182  SCHOOL  LAWS  AND  DECISIONS 

9.  Any  member  who  shall  have  made  a  motion  shall  have 
liberty  to  withdraw  it.  with  the  consont  of  his  second,  before  any 
debate  has  taken  place  thereon,  but  not  after  debate  is  had 
without  leave  being-  granted  by  the  board. 

lU.  The  consideration  of  any  question  may  be  postponed  to  a 
time  fixed,  or  the  question  may  be  suppressed  altogether  by  an 
indefinite   postponement. 

11.  A  motion  once  voted  down  cannot  be  renewed  at  the  same 
meeting  of   the   board   without   the   consent   of  four   members. 

12.  An  amendment  may  be  moved  on  any  motion,  and  shall  be 
decided  before  the  original  motion ;  but  no  more  than  one  amend- 
ment to  an  amendment  shall  be  entertained. 

33.  If  a  motion  under  debate  is  composed  of  two  or  more 
parts,  which  are  so  far  independent  of  each  other  as  to  be  sus- 
ceptible of  division  into  several  questions,  any  two  membei-s  may 
have  it  divided  and  a  vote  taken  on  each  part. 

14.  When  any  business  is  brought  regularly  before  the  board, 
the  consideration  of  the  same  cannot  be  interrupted  except  by  a 
motion — for  adjournment ;  to  lie  on  the  table ;  for  the  previous 
question ;   for  postponement ;  for  commitment,   or  for  amendment. 

15.  A  motion  for  adjournment  shall  always  be  in  order 
and  shall  be  decided  without  debate,  except  that  it  cannot  be  en- 
tertained when  the  board  is  voting  on  another  question  or  while 
a  member  is  addressing  the  board. 

10.  The  previous  question  cannot  be  moved  by  less  than  three 
members  rismg  for  that  purpose,  and  when  thus  called,  all  de- 
bate shall  be  precluded ;  yet  the  call  for  the  previous  question 
shall  not  cut  off  any  pending  amendment,  but  the  vote  shall  be 
taken  without  debate  on  the  amendments  in  their  order  and  finally 
on  the  main  question. 

17.  A  motion  for  postponement  precludes  commitment,  and  a 
motion  for  commitment  precludes  amendment  or  decision  on  the 
original   subject. 

IS.  A  motion  for  reconsideration  can  only  be  entertained  when 
made  and  seconded  by  members  who  were  in  the  majority  on 
the  vote  on  the  original  question. 

10.  When  a  blank  is  to  be  filled  the  question  shall  be  first  taken 
on  the  largest  sum,  th-e  greatest  number  and  the  remotest  day. 

20.  On  questions  of  order,  adjournment,  postponement,  commit- 
ment or  the  previous  question,  no  member  shall  speak  more  than 
once;  on  all  other  questions  each  member  may  speak  twice;  but 
not  oftener  without  express   leave  being  granted  by   the  board. 

21.  If  the  previous  question  be  decided  in  the  negative  the  effect 
shall  be  to  arrest  the  discussion  and  produce  an  indefinite  post- 
ponement. 


OF  PENNSYLVANIA.  183 

22.  No  member  shall  be  intenupted  while  speaking,  unless 
he  be  out  of  order,  or  for  the  purpose  of  correcting  mistakes  or 
misrepresentations. 

23.  No  member  in  the  course  of  debate  shall  be  allowed  to  in- 
dulge in  personal   reflections. 

'J.4.  If  any  member  act  in  any  respect  in  a  disorderly  manner, 
it  shall  be  the  privilege  of  any  member,  and  the  duty  of  the 
president,   to  call   him   to   order. 

25.  If  any  member  consider  himself  aggrieved  by  a  decision  of 
the  chair,  it  shall  be  his  privilege  to  appeal  to  the  board,  and  the 
vote  on  such  appeal  shall  be  taken  without  debate. 

26.  Members  should  not  decline  to  vote  on  any  question  without 
weighty  reasons. 

27.  It  shall  be  the  duty  of  the  president  to  appoint  all  com- 
mittees, except  when  the  board  may  decide  otherwise. 

28.  The  person  first  named  on  any  committee  shall  be  considered 
the  chairman  thereof,  whose  duty  it  shall  be  to  convene  the  com- 
mittee, and  in  case  of  his  absence  or  inability  to  act,  the  second 
named  member  shall  take  his  place  and  perform  his  duties. 

29.  When  the  president  has  commenced  taking  a  vote  no 
further  debate  or  remark  shall  be  admitted,  unless  there  has 
evidently  been  some  mistake,  in  which  case  the  mistake  shall  be 
rectified,  and  the  president  shall  recommence  taking  the  vote. 

30.  Any  two  members  may  require  the  recording  of  the  yeas 
and  nays  on  any  question. 

81.  The  first  person  recognized  by  the  president  as  desiring 
to  speak  has  the   right   to   the   floor. 

II.  COMMON  SCHOOL  FORMS. 

1.  Form  of  Bond  of  Collector  of  School   Tax. 

Know  all  men  by  these  presents.  That  we 


are   held    and    firmly 
bound   unto   the   Commonwealth   of  Pennsylvania,   in   the  sum  of 

dollars,    lawful    money    of    the    United 

States  of  America,  to  be  paid  to  its  certain  attorney,  to  which 
payment  well  and  truly  to  be  made  and  done,  we  do  bind  our- 
selves, our  heirs,  executors  and  administrators,  firmly,  jointly 
and    severally,    by    these    presents.      Sealed    with    our    seals    and 

dated  the day  of 19 

Whereas,  The  above  bounden   has 

been  duly  elected   and   returned   the  court  of  quarter  sessions  of 

the  peace  of  the  county  of    as  collector  of 

taxes  of  the   of   in  the  said 

county  for  the  ensuing  year  and  has  been  duly  qualified  according 
to   law : 

13 


184  SCHOOL  LAWS  AND  DECISIONS 

Now,    the    condition    of    this    obligation    is    such,    that,    if    the 

said  shall  and  do,  well  and  truly  collect 

and  pay  over  or  account  for,  according  to  law,  the  whole  amount 
of  taxes  charged  and  assessed  in  the  duplicates  which  shall  be 
delivered  to  him,  and  faithfully  discharge  the  duties  appertain- 
ing to  the  office  of  collector  of  taxes  according  to  law,  then  this 
obligation  to  be  void,  otherwise  to  he  and  remain  in  fnl)  force 
and   virtue. 

Sealed  and  delivered 
in  the  presence  of 

(L.  a.) 

(L.  S.) 

County  of ,  gs : 

I,    ,   having  been   duly   elected  col- 
lector of  the  taxes  of  the of  do  , 

that  I  will  support  the  Constitution  of  the  United  States  and 
constitution  of  the  Commonwealth  of  Pennsylvania,  and  that  I 
will  well  and  truly  collect  and  pay  over  or  account  for,  according 
to  law,  the  whole  amount  of  taxes  charged  and  assessed  in  the 
duplicates,  which  shall  be  delivered  to  me,  and  faithfully  dis- 
charge the  duties  of  said  office  according  to  law  and  the  h«^M  of 
my  judgment  and  ability. 

Sworn  and  subscribed  before  m^  thi» day 

of 19 

OJ*rk. 

2.  Form  of  Warrant  to  Collectof  of  Schooi  Tax 

County, District.  •»: 

To  C D ,  Collector  of 

School  district  in  said  county. 
These  are  to  require  you  to  collect  and  receive  from  persoan 
assessed,    the   several    sums   in    your  duplicate   respectively   men- 
tioned, and  you  shall  complete  and  pay  unto Esq.,. 

treasurer  of  said  school  district,  on  or  before  the day 

of   next,  all  such  sum  or  sums  of  money  as  you 

may  then  have  collected,  at  which  time  the  board  of  school  directors 
will  attend  at  their  place  of  meeting  in  said  district,  and  make 
an  abatement  of  deficiencies,  mistakes,  or  for  indigent  persons. 
&c.  And  if  any  person  or  persons  shall  neglect  or  refuse  to 
make  payment  within  thirty  days  after  lawful  demand  made  by 
you,  it  shall  and  may  be  lawful  to  and  for  you,  and  you  are 
hereby  commanded  and  required  to  levy  the  said  tax  by  distress 
and  sale  of  the  goods  and  chattels  of  such  delinquent,  giving  ten 
days'  notice  of  such  sale,  by  written  or  printed  advertisements, 
rendaring  the  overplnn  (if  any  he)  tO  tb*"  O'STSfTf .     A^n<^  '"  ''*'•' 


OF    PENNSYLVANIA.  1S5 

goods  and  chattels  cannot  be  found  suflScient  to  satisfy  the  same, 
with  costs  of  suit,  then  you  shall  take  the  body  of  every  auch 
person  and  bring  him  to  the  county  jail,  and  deliver  him  to  the 
sheriff  or  keeper  of  said  jail,  who  shall  detain  and  keep  him  m 
safe  custody  without  bail  or  mainprize,  until  payment  shall  hr 
made.  . 

And  you  shall  complete  and  pay  unto  the  said   

the  whole  amount  of  your  duplicate,  except  such  deficiencies,  &c., 

as  shall  have  been  allowed  as  aforesaid,  on  the  day 

of next. 

Given  under  my  hand  and  seal  the   day  of   of 

Anno  Domini  19 ^ ^ ^^    ^  ^ 

Pres't  Board  School  Directors   district. 

Countersigned: 

G H 


Secretary  of  the  Board. 

S.  Form  of  Certificate  to  County  Commissioners  tor  Non-pay  mem 
of  School  Tax  on  Unseated  T/anrlp 

To  the  commissioners  of  the  county  of 

Gentlemen: — I  do  hereby  certify  that  the  followiujt  bcquoi   ita 

on  unseated  lands  within  the  district  of ,  war 

regularly  assessed  and   set  forth  in   the  duplicate  of  school  taj 

for  the  year  19 ,  delivered  to  me  for  collection  by  the  presj 

dent  of  the  board  of  directors  thereof,  and  that  the  same  ha» 
not  been  paid  to  me  by  the  owner  thereof.  You  are  thereby  required 
to  cause  the  same  to  be  collected  and  paid  over,  agreeably  to  th( 
thirty-fourth  section  of  the  act  entitled  "An  act  for  the  regula- 
tion and  continuance  of  a  system  of  education  of  common  schools,' 
passed  May  8,  1854,  and  the  eighth  section  of  the  Bupplemem 
thereto,  passed  April  11,  1862,  viz: 

Upon  the  land  of  A.  B $00  00 

Do.  CD 00  00 


$00  00 

B P , 

Collector  of school  district, 

county. 

,  August ,  A.  D.  19 

This  certificate  must  be  delivered  to  the  county  commission^ra 
previous  to  the  first  of  January. 


186  SCHOOL  LAWS  AND  DECISIONS 

4.  Form  of  Certificate  of  Unpaid  Balance  by  Collector,  to  be  Filed 
in    the    Prothonotary's    office. 

To    the    I'rothonotary    of    tlie    Court    of    Common    Pleas    of    the 
county    of    

I  hereby  certify,  That  school   tax  for  the  current  school   yeai", 

in  the  district  of ,  in  said  county,  to  the  amount  of 

(insert    amount    in    words)    is    due    and    upaid    by    

school  tax  collector  of  said  district,  at  the  date  hereof,  which  you 

are  required  to  enter  against  said and  .  .  .• and 

,  who  are  his  sureties,  in  accordance  with  the  provisions 

of  the  thirteenth  section  of  the  act,  entitled  "A  further  supplement 
to  the  act,  entitled  'An  act  for  the  regulation  and  continuance 
of  a  system  of  education  by  common  schools,' "  &c.,  approved 
April  11,  18(32. 

Dated  this   day  of   ,  A.  D.  one  thousand 

nine  hundred  and    

President    Board    School    Directors    said    district. 

Attest:— C D , 

Secretary. 


5.    Form    of    Bond    of    District    Treasurer. 

Know  all  men  by  these  presents,  that  we,  C D 

E F ,  and  G H ,  of 

in    county,  Pennsylvania,  are  held  and  firmly  bound 

to  A B ,  president  of  the  board  of  school  directors 

of   school  district,  in    county,  for  the  use 

of  said  school  district,  in  the  sum  of  (here  insert  double  the  amount 
of  the  sum  that  will  probably  come  into  the  hands  of  the  treasurer 
for  one  year,  for  school  purposes)  dollars,  lawful  money,  to  be  paid 

to  the  said school  district ;  to  which  payment  well  and 

truly  to  be  made  and  done,  we  bind  ourselves,  jointly  and  severally, 
our  heirs,  executors  and  administrators,  and  every  of  them,  firmly 
by  these  presents.     Sealed  with  our  seals. 

Dated  the   day  of   ,  in  the  year  of  our  Lord 

one  thousand  nine  hundred  and   

Whereas,  The  said  C D has  been  duly  chosen 

treasurer  of  the  said   school  district,  for  and  during  the 

term  of  one  year  from  the  date  hereof.  The  condition  of  this  ob- 
ligation is  such,  that  if  the  said  C D shall  and 

do  well  and  faithfully  perform  all  the  acts  and  duties  lawfully  per- 
taining to  his  office  as  district  treasurer  aforesaid,  according  to  the 


OF  PENNSYLVANIA.  187 

terms  of  the  school  law,  approved  the  8th  day  of  May,  A.  D.  1854, 

and  the  supplements  thereto,  then  this  obligation  to  be  void ;  else 
to  be  and  remain  in  full  force  and  virtue.  And  further,  we  do 
hereby  empower  any  attorney  of  any  of  the  courts  of  record  of 
this  State  or  elsewhere,  to  appear  for  us,  and  after  one  or  more 
declarations  filed  for  the  above  penalty,  thereupon  to  confess  judg- 
ment or  judgments  against  us,  as  of  the  last,  next,  or  any  subse- 
quent term,  with stay  of  execution,  and  with  release 

of  errors,   &c. 

(• D (L.  S.) 

K F (L.  S.) 

( i H (L.  S.) 

Sealed  and  delivered  in  presence  of 

L M 

N () 


6.   Form   of  Order   on    District   Treasurer. 

,  August ,  A.  D.  19 

$ 

To  the  Treasurer  of school  district, 

county: 

Sir: — Pay  to  E F   ,  or  order   dollars 

and   cents,  being  one  month's  salary  due  him  as  teacher 

up  to (or  on  account  of  salary,  or  for  fuel  furnished  to 

school  house,  or  for  rent  for  school  house,  &c.,  as 

the  case  may  be ;)  for  which  this  will  be  your  sufficient  voucher 
on   settlement  of  your  accounts. 

By  order  of  the  board  of  directors. 

A B 

Countersigned:  President. 

C D , 

Secretary. 

7.  Form  of  Agreement  Between  Directors  and  Teachers. 

It   is   agreed    by   and    between    teacher,   and    the 

board  of  directors  of   school  district  in    

county,  that  said  teacher  shall,  under  the  supervision  and  ex- 
clusive direction  of  said  board  and  their  successors,  but  subject, 
nevertheless,  to  the  visitation  and  lawful  authority  of  the  county 
superintendent,  teach  in   school  house  for  the  term  of 


18«  SCHOOL  LAWS  AND  DBCISIONiS 

months,  at  a  compensation  of   per  month, 

to  be  paid ;  reserving  the  right  to  the  board  of  directors 

for  the  time  being,  to  dismiss  the  said  teacher  at  any  time  what- 
ever, for  any  of  the  causes  specified  in  the  twenty-third  section  of 
the  act  of  May  8,  1854,  entitled  "An  act  for  the  regulation  and 
continuance  of  a  system  of  education  by  common  schools." 

In  witness  whereof  the  parties  have  hereunto  set  their  hands 

and  seals   day    A.  D.  19 

A B ,  (L.  S.) 

President  Board  of  Directors. 

C D ,  (L.  S.) 

Countersigned :  Teacher. 

E F 

Secretary  of  Board. 


INDEX. 


ACADEMIES. 

Exempt   from   taxation,    p.   96,    sec.   ccxxvii. 
Must  be  provided  with  fire  escapes,  p.  62,  sec.  cxxxv. 

ACCOUNTS. 

Treasurers',  how  settled  with  directors,  p.  30,  sec.  Ixxi ;  p  31, 

d.  48,  49;  p.  107,  d.  145,  146;  p.  107,  d.  147. 
Treasurers',    how   settled   with   auditors,    p.   105,    sec.   ccliv, 

cclv,  p.  106,  sec.  cclvi,  cclvii,  p.  107,  cclviii,  d.  145,  146, 

147,    X. 
Publication  of,  p.  83,  sec.  cxc;  p.  84,  sec.  cxci;  p.  84  d.  125. 

ALGEBRA. 

P.  124,  sec.  cccix;  p.  125,  d.  157. 

APPARATUS. 

Directors  and  superintendents  cannot  become  agents,  p.  82, 
sec.  clxxxvi,  clxxxvii,  d.  117,  118. 

APPROPRIATION. 

Basis  of  distribution,  p.  87,  sec.  ccii,  cciii ;  p.  88,  sec.  cciv : 
note,  p.  90;  p.  114,  sec  cclxxxiii,  cclxxxiv,  cclxxxv,  d.  149. 

How  taxables  to  be  obtained  when  not  furnished  by  com- 
missioners, p.  115,  sec.  cclxxxiv. 

V\'^hen  errors  have  been  made,  p.  115,  sec  cclxxxv. 

When  and  how  paid,  p.  85,  sec.  cxcv. 

How  forfeited,  p.  75,  d.  1 ;  p.  85,  d.  126;  p.  85,  sec.  cxcv;  p. 
124,  sec.  cccvii ;  p.  125,  sec.  cccx ;  p.  126,  sec.  cccxii. 

For  high  schools ,   p.  54 ,   cxi ;  p.  179 ,   act  of  1909. 

Amounts  of,  for  years  1909-1910,    act  of  1909,  p.  178. 

ASSESSORS. 

Annual  assessment,    p.  110,   sec.  cclxvi. 

To  make  special  assessment  on   persons  moving  into   the  dis- 
trict, p.  94,  sec.  ccxvii,  d.  144. 
Duties  of  assessors  in  independent  districts,   p.  95,  sec.  ccxix. 
To  make  lists  of  children,  p.  45,  sec.  xcvii ;  p.  88,  sec.  ccvi. 
Penalty  for  neglect  of  duty,  p.  95,  sec.  ccxx. 

ATHLETIC  SCHOOLS  MAY  BE  ESTABLISHED. 
P.  112,   sec.  cclxxi. 

ATTENDANCE  COMPULSORY. 

Pp.  40-48;  p.  48.  d.  65.     See  "Compulsory  Attendance.'" 
(189) 


190  INDEX. 

AUDITORS. 

When  to  meet,  p.  105,  sec.  ccliv. 

To  publish  statement,  p.  105,  sec.  cclv. 

To  file  reports,    p.   105,   sec.  cclv. 

What  vouchers  to  be  allowed,  p.  107,  d.  146;  p.  108.  d.  147. 

In  independent  districts,  p.  107,  sec.  cclxi,  cclxii. 

Pay  of,   p.  105,   sec.  ccliv;  p.  107,  sec.  cclxiii. 

Incompatible  with  office  of  director,  p.  24,  sec.  Iv. 

To  settle  accounts  of  collectors,  p.  100;  sec.  cc.kH. 

Appeal  from  settlement  of,  p.  106,  sec.  cclvi. 

Cancellation  of  orders,   p.  107,   sec.  cclviii. 

BOARDS. 

See  "Directors." 

BONDS. 

See  "Indebtedness  of  Districts." 

BOOKS  AND  SCHOOL  SUPPLIES. 

Annual  selection  of,   p.  79,   sec.  clxxx. 

Meeting  of  directors  ar-l  teachers,    p.  79,   sec.  clxxx;   p.  81, 

d.  113;  p.  127,   d.  168. 
Only  the  series  adopted  to  be  used,  p.  79,  sec.  clxxx. 
Work  on  new  branch  may  be  introduced  after  annual  meet- 
ing,  p.  81,  d.  114. 
Can  be  changed  only  once  in  three  years,   p.  81,  sec.  clxxxiv. 
Penalty  for  violation,   p.  81,   sec.  clxxxv. 
Adoption   of,    requires  affirmative   vote  of  a   majority  of   the 

board,   p.  34,   sec.  Ixxvii. 
To  be  purchased  by  the  board  and  furnished  free,   p.  80,   sec. 

clxxxi ,    clxxxiii. 
School  supplies  to  be  furnished,  p.  81,  d,  109. 
Cost  to  be  reported  in  separate  item,   p.  80,   sec.  clxxii. 
Scriptures,   a  text  book,   p.  82,   d.  115. 
Sectarian   books  excluded,    p.   82,    d.   116. 
Directors    cannot    have    a    pecuniary    interest    in    furnishing 

books  or  supplies  of  any  kind,  p.  82,  sec.  clxxxvii,  d.  117- 

118. 
Directors  and   superintendents  cannot  act  as  agents,    p.   82, 

sec.  clxxxvii,  d.  118. 

BOROUGHS. 

How  separated  from  township,   p.  1,  sec.  ii. 

When  limits  are  changed,   p.  7,   sec.  xvi.  ' 

Borough  school   districts  shall   share   in   rights  and   liabilities 

of  townships  from  which  formed,  p.  10,  sec.  xxvi. 
When  seats  of  directors  become  vacant,  p.  7,  sec.  xvii. 
What  boroughs  entitled  to  elect  superintendents,   p.  138,  sec. 

cccxxxvii. 


INDEX.  191 

BOROUGH  SUPERINTENDENTS. 

Salaries   of   superintendents   to   be   paid    in   same   manner  as 

provided  for  payment  of  teachers,   p.  138,   sec.  ccexxxvii. 
Shall  take  oath  of  office,   p.  140,  sec.  cccxl. 
Term  of  office,   p.  138,   sec.  ccexxxvii. 
Duties,  p.  140,  sec.  cccxl. 
Objections  to  issuing  commissions,   p.  139,  sec.  cccxxxviii. 

BRANCHES. 

P.  52,   sec.  cvi;   p.   79,    d.   108;   p.  81,   d.  110;   P...124,    see. 

cccvii ;    cccviii ;  p  125,  sec.  cccx ;  p.  126,  sec.  cccxii. 
Physiology  and  hygiene  must  be   taught,    p.   125,   sec.  cccx; 

p.  126,  sec.  cccxii;  sec.  cccxiii ;  d.  158,  159,  160;  p.  127,  d. 

161. 
Algebra  and  civil  government,  p.  124,  sec.  cccix,  d.  157. 
Branches  must  be  on  certificate,   p.  129,   sec.  cccxviii- 
Humane  education,   p.  125,   sec.  cccxi. 
Physical  culture,  p.  112,  sec.  cclxxi. 
High  school  course,   p.  53,   sec  ex. 

BUILDING   TAX. 
See  "Tax." 

CALISTHENICS. 

P.  169,  sec.  ccccxvi,  ccccxvii. 

(.ENSUS  OF  CHILDREN. 

P.  45 ,  sec.  xcvii ;  p.  88 ,  sec.  ccvi. 

CENTRALIZATION. 

Definition  of,   p.  65,   sec.  cxlvii. 

Petition.     See   question    to   be   submitted    to    the   electors,    p. 
66,   sec.  cxlviii. 

CERTIFICATES,    PROVISIONAL. 

P.  124 ,   sec.  cccviii ;  p.  128 ,   sec.  cccxyiii. 

Good  for  one  year,  p.  133,  sec.  cccxxix. 

May  be  annulled  for  cause ,  p.  129 ,  sec.  cccxviii ;  d.  171. 

All  branches  to  be  taught  must  be  on  certificate,   p.  129,   sec. 

cccxviii. 
Cannot  be  endorsed  or  renewed ,  p.  129 ,  sec.  cccxviii ;  p.  134 , 

sec.  cccxxix. 
Cannot  be  endorsed  by  any  other  superintendent,   p.  135,   d. 

180. 
Valid  only  where  issued,   p.  135,   d.  180. 
Public  notice  of  annulment  to  be  given,    p.  130,    d.  173. 
Directors    to    be    notified    to    be    present    at    examination,    p. 

129,   d.  169. 
Not  to  be  granted  to  persons  who  use  intoxicating  drinks  as 

a  beverage,   p.  124,   sec.  cccviii. 


192  INDEX. 

CERTIFICATES ,  PRO  VISIONAL— Continued. 

Not  to  be  granted  to  persons  of  immoral  character,   p.  129,  d. 

170. 
Teacher's   certificate   not   required   to   teach   stenography   and 

typewriting,   p.  76;  sec.  clxxiv. 

CP^RTIFICATES,    PROFESSIONAL. 
P.  134,   sec.  cccxxix. 
Applicants    must   have    thorough    knowledge    of    the   branches 

named,    p.  134,   sec.  cccxxix. 
How  long  valid,   p.  134,   sec.  cccxxix. 
May  be  renewed,  p.  134,   sec.  cccxxix. 
May  be  annulled,   p.  129,   d.  171. 

Public  notice  of  annulment  to  be  given,   p.  130,   d.  173. 
Not    to   be   granted    to    persons   who   use   intoxicating   drinks 

as  a  beverage,    p.   124,   sec.  cccviii. 
Not  to  be  granted  to  persons  of  immoral  character,   p.  129, 

d.   170. 
Granted    by    the    authority    of    other    States,     p.    137,     sec. 

cccxxxiv. 

CERTIFICATES ,  PERMANENT. 

P.  134,  sec.  cccxxix. 

To  be  granted  by  State  Superintendent,  p.  134,  sec.  cccxxix; 
p.  135,    sec.  cccxxx. 

Recommendations  required,  p.  134,  sec.  cccxxix,  p.  135,  sec. 
cccxxx,  p.  136,  d.  181,  182. 

Where,    when   and   how   long   valid,    p.   134,    sec.   cccxxix. 

Written  examinations  requisite,  p.  135,  sec.  cccxxx. 

Teachers'  committee  to  be  appointed  by  State  Superintend- 
ent, p.  135,  sec.  cccxxxi. 

CERTIFICATES,   NORMAL  ELEMENTARY. 

P.  153,  sec.  ccclxix. 

Must    be    graduate    of    State    Normal    School,    p.    153,    sec. 

ccclxix. 
Term  of  validity,  p.  153,  sec.  ccclxx. 
When  master's  diploma  follows,    p.  153,   sec.  ccclxx. 
Recommendations  necessary,   p.  153,  sec.  ccclxx. 

CERTIFICATES,  MASTER'S  NORMAL  DIPLOMA. 

To  whom  granted ,  p.  153 ,  sec.  ccclxx. 
Recommendations  required,    p.  153,    sec.  ccclxx. 
Valid  throughout  the  State,  p.  153,  sec.  ccclxx. 

CERTIFICATES,   PRACTICAL  TEACHERS'  STATE. 

Granted    by    State    Board    of    Examiners   at   normal   schools. 

p.  153,  sec.  ccclxx. 
Arnial   teachers,    eligible,    p.   153.    sec.  ccclix ;   ccclxx. 


liNJJEX  193 

(JERTIFICATES,     PRACTICAL    TEACHERS'    STATE.— Con 
tinued. 

Normal  school  attendance  not  necessary,   p.  153,   sec.  ccclxis 

ccclxx. 
Recommendations   required,    p.   158,    sec.   ccclxx:   p.   154.    <i. 
191,  192,  193. 

CERTIFICATES,    STATE  TEACHERS'  PERMANENT  (COJ. 
LEGE). 

To  be  issued  by  State  Superintendent,   p.  137,   sec.  cccxxxii. 

Applicants  must  be  graduates  of  colleges  legally  empowered 
to  confer  degrees,   p.  137,   sec.  cccxxxii. 

Must  have  taught  three  full  annual  terms  in  the  public- 
schools  of  the  State,  p.  137,  sec.  cccxxxii. 

Recommendations  required,  p.  137,  sec.  cccxxxii. 

May  be  annulled  by  State  Superintendent,  p.  138,  sec. 
cccxxxvi. 

•  CERTIFICATES  OF  COMPETENCY. 
P.  121,  sec.  cccii. 
Certificates  of  proficiency  in  teaching,   p.  74,   sec.  clxix. 

CHILDREN  OF  SOLDIERS. 
P.  49,    sec.   ciii. 

CHILDREN. 

Admission  of  beginners  to  school,    p.  34,   sec.   Ixxx. 
Employment  of,   certain  ages  forbidden  by  law,    p.  170,   sec. 

ccccxix,    ccccxx,    ccccxxi ;   p.   172,    sec.   ccccxxnii;   p.  173. 

sec.    ccccxxix,    ccccxxx,    ccccxxxi ;    p.    174,  sec.    ccccxxxii . 

ccccxxxiii ,   ccccxxxiv. 
Of    certain    school    disticts    may    attend    schools    of    higher 

grades,   p.  64,   sec.  cxliii. 
May   attend   a   high    school    in   an   adjoining   district,    p.   5.") 

sec.   cxv. 
May  attend  more  convenient  school,  p.  64,  sec.  cxliv. 

CITY,    BOROUGH  AND  TOWNSHIP  SUPERINTENDENTS 
Pp.  138,   139,   140,   141. 

CITIES. 

Classification  of,  p.  110,  sec.  cclxviii,  clause  2. 

Cities  of  third  class,  pp.  108,  109,  110,  111. 

City  treasurer  to  collect  city,  school  and  poor  taxes,  p.  Ill, 

sgc    cclxix. 
Cities    and    boroughs    having   over   five    thousand    inhabitant ■- 

may  establish  high  schools,   p.  50,   51. 
May  hold  separate  institutes,  p.  132.  sec.  cccxxr. 


194  INDEX 

CITIES— Continued. 

Cities,    boroughs   and    townships   may   establish    high   schools 

under  act  of  1895 ,  p.  52 ,  sec.  cvii ;  pp.  53 ,  54 ,  55. 
City  and   Borough   Teachers'   Institutes  may  be  held  on  any 
five  days,    p.   133,    cccxxvi. 

CITIES,    SECOND  CLASS. 

Boards    of    sub-districts    may    borrow    money,    p.    168,    sec. 

ccccxviii. 
May  establish  industrial  schools,   p.  112,   sec.  cclxxi. 

CITY  SUPERINTENDENTS. 

Pp.  138,   139,   140. 
CIVIL  GOVERNMENT. 

P.  124,  sec.  cccix ;  p.  125,  d.  157. 

COLLECTORS. 

Election  of,  p.  97,  sec.  ccxxviii. 

Term  three  years,  p.  97,  sec.  ccxxviii. 

Vacancies,    how  filled,    p.  97,    sec.  ccxxix ;   CcxXx. 

Bond  to  be  approved  by  court  annually,   p.  97,   sec.  ccxxviii. 

Oath  of  ofiice,   p.  98,   sec.  ccxxxiii. 

Duties  and  compensation  of,  p.  99,  sec.  ccxxxvii ;  p.  100,  sec. 

ccxxxix. 
When   to   deduct  five  per  cent.,    p.   100,    sec.   ccxxxix. 
When  to  add  five  cent.,  p.  99,  sec.  ccxxxvii. 
To  levy  by  distress  and  sale  unpaid  tax,   p.  102,   sec.  ccxlviii. 
Required   to   make  statement  of  taxes  collected,    p.   i04,   sec. 

ccli. 
Duty  to  meet  board  annually,  p.  104,  sec.  cclii. 
Failure   to   make   payment,    guilty   of   misdemeanor,    p.   104, 

sec.  ccliii. 
Warrants  revived   and   extended,    p.   102,    sec.  ccxiix. 
To  pay  treasurer  money  received,    p.  104,    sec.  cclii. 
To  pay  treasurer  whole  amount  charged,   p.  104,   sec.  ccli. 
Borough    and    township    tax    collectors    shall    make    monthly 

returns,   p.  101.  sec.  ccxlvi. 
Office  abolished   in   townships  of  the   first  class,    p.  98,    sec 

ccxxxl. 
Vacancies  are  filled  by  court,    j).  97,    sec.  ccxxix;  ccxxx. 

COLLEGES. 

The  power  to  confer  degrees,   p.  159,   sec.  ccclxxxii. 

College   and    university   councils,    meetings   of,    p.    159,    sec. 

ccclxxxiii. 
Exempt  from  taxation,   p.  96,   sec.  ccxxvii. 
Must   be   provided   with   fire  escapes,    p.   62,    see.   cxxxv. 

COLLEGIA   (JHADUATES. 

p.  137,  sec.  cccxxxii,  p.  137,  sec.  eccxxxiii. 


INDEX.  195 

COLLEGE  CERTIFICATES. 
P.  137,  sec.  cccxxxii. 

COMPULSORY  ATTENDANCE. 

Duties   of  parents,    p.  40,    sec.   xciv. 

Notice  to  parent,  p.  42,  sec.  xcv.  p.  43,  sec.  xcvi. 

Census  of  children,   p.  45,  sec.  xcvii. 

Time  children  shall  attend  school,   p.  40,  sec.  xciv. 

Unless  excused,   p.  40,   sec.  xciv. 

Special   schools   for   truants,    p.   43,    sec.   xcvi. 

Reasons  for  excuse,  p.  40,  sec.  xciv. 

Penalty  for  violation,  p.  41,  sec.  xcv. 

Attendance  officers ,    p.  43,    sec.  xcvi. 

Appropriation  withheld  for  neglect  to  enforce,   p.  47,   sec.  ci. 

Teachers'    duty    to    report,    immediately,    pupils   absent    thre,^ 

days  without  excuse,  p.  46,  sec.  xcix. 
Secretary  of  board   to  furnish   principal   or   teacher   with    list 

of  children,   p.  45,   sec.  xcvii. 

CONSTABLES. 

To  notify  persons  elected  directors,  p.  22,  sec.  li. 

CONTAGIOUS  DISEASES. 

P.  35,  sec.  Ixxxiii,  p  36,  sec.  Ixxxiv,  p.  37,  Ixxxv,  Ixxxvi,  p. 

38,   sec.  Ixxxvii,   p.  39,   sec.  Ixxxix ;  xc. 
Exposure  of  in  public  places  forbidden,  p.  38,  sec.  ixxxvii. 

CONTROLLERS. 

Board   of,    in   city   or  borough,    how   constituted,    p.   1,    sec. 
iii ;  p.  2,  sec.  iv ;  p.  2,  d.  1. 

COUNTY  COMMISSIONERS. 

To  furnish  directors  copies  of  last  adjusted  valuation,   p.  93, 

ccxv;  p.  93,  d.  142,  p.  94,  d.  143;  p.  115,  d.  349. 
To  furnish  certified   list  of  number  of  taxables,    p.   115,    sec. 

cclxxxiii. 
If    not    furnished,     preceding    certificate    of    taxables    to    be 

taken,    p.   115,    sec.   cclxxxiv. 
m  case  of  error,   p.  115,   sec.  cclxxxv. 
Duty  in  formation  of  new  districts,    p.  9,   sec.   xxiii. 
Penalty  for  neglect  of  duty,   p.  14,  d.  9. 
To    make    special    assessments    in    new    district,    p.   94,    sec. 

ccxviii. 
Cannot  serve  as  school  directors,  p.  24,  sec.  Ivi. 
To    furnish    oflace    for    county    superintendent,    p.    127,    sec. 

cccxv. 
To  furnish   certified   list   of  number  of  children,    to   Superin- 
tendent of  Public  Instruction,  p.  46,  sec.  xcviii ;  p.  89,  sec. 

ccvii ,   ccix. 


Wa  IJNUEX 

COUNTY  SUPERIJNTENDENTS. 

Election  of,   p.  116,  sec  ccxc. 

Advertisement  of  holding  election,  p.  lib,  sec.  ccx'-i 

By  whom  and  when  elected,  p.  117,  sec.  ccxcii. 

When  elected  in  new  counties,  p.  122,  sec.  ccciii. 

Aj3quirements  of,   p.  117,   sec.  ccxcii. 

Compensation,  how  fixed  and  paid,  p.  118,  sec.  ccxcvii. 

Salary,   p.  118,   sec.  ccxvii. 

Cannot     receive    compensation     for    teaching,     p.    119,     set. 

ccxcviii. 
Cannot  serve  as  agents,  p.  82,  sec.  clxxxvi ;  p.  82,  d.  118. 
Certificate  of  election  to  be  sent  to  Superintendent  of  Publii- 

Instruction,   p.  122,   sec.  ccciv. 
Objections    to    commissioning,     when    made    and    by    whom 

signed,   p.  122,   sec.  ccciv;  p.  123,   d.  153,   154,   155. 
Oath  of  oflice ,  p.  123 ,  sec.  cccv ;  d.  156. 
Duties  in  visiting  schools,  p.  123,  sec.  cccvi ;  cccvii. 
To   inform   State   Superintendent  of  incompetent  teachers,    t>. 

124,  sec.  cccvii;  p.  126,  sec.  cccxii. 
Removal  from  office,  p.  116,  sec.  cclxxxix ;  p.  119,  sec.  ccxcix : 

p.  127,   d.  164. 
Vacancies,   how  filled,   p.  127,   sec.  cccxiv. 
To  examine  teachers  publicly,    p.   129,   sec.  cccxviii ;   d.  169. 
To   grant   certificate   of   proficiency   in    teaching,    p.   74,    sec. 

clxix. 
Annul  certificates,   p.  129,   sec.  cccxviii;  p.  129,   d.  171;  n. 

130,  d.  172,  173,  174. 
Immoral  persons  not  to  be  examined,   p.  129,  d.  171. 
Persons    who    use   intoxicating   drinks   as   a   beverage    not   to 

receive  certificates,   p.  124,   sec.  cccviii,   cccix. 
To  make  annual  report  to  State  Superintendent,   p.  130,  sec. 

cccxix. 
Approve   and   forward   district   annual    reports,    p.    130,    sec. 

cccxix,  d.  175,  176;  p.  131,  d.  177;  p.  85,  sec.  cxciv. 
To    attend    annual    examinations    in    State    Normal    Schools, 

p.   148,    sec.   ccclxiii ;   p.   149,    sec.   ccclxv. 
Cannot  have   a   pecuniary   interest   in   school   of  his   own,    p. 

119,   sec.  ccxcviii;  p.  120,  d.  150. 
To  be  supplied  with  suitable  oflice  by  county  commissioners, 

p.  127,  sec.  cccxv. 
Duty  to  call  together  all  the  school  directors  annually,  p.  119, 

sec.  ccc. 

CONVEYANCE. 

Directors  of  wards  can  execute  deeds  to  controllers  of  cities 

and  boroughs,  p.  1,  sec.  iii. 
Property  held  by  trustees  for  school  purposes,   p.  17,   sec.  xl. 


INDEX  WT 

COURTS. 

May  create  new   districts,    p.  2,   sec.  v. 

Designate    time    and    place    for   holding   election,    p.    2U,    sec. 

ilviii.  .     . 

May  abolish  districts,  p.  4,  sec.  viii,  ix,  x.  ^  •■ 

Appoint   auditor   where    borough    limits    have    been   changed, 

p.  5,  sec.  xiii ;  p.  6,  sec.  xiv. 
May  annex  lands  or  parts  thereof  for  school  purposes,   p.  8, 

sec.  xix,  XX ;  p.  9,  sec.  xxi. 
Application    for   commitment    of   children.     Note,    p.   48. 
Clerks    of   courts    to   send    to    State    Superintendent   certified 

copy  of  decree,   p.  1),   sec.  xxiii. 
Appoint  viewers  of  sites,   p.  G3,   sec.  cxli. 
Appoint  inspector,   p.  2(J,   sec.  Ixiii. 
Remove  directors  for  neglect  of  duty,   p.  25,   sec.  Ixii ;  p.  2b, 

d.  24,  sec:  Ixiii,   Ixiv ;  p.  28,   d.  27,   28. 
May  alter  the  boundaries  of  townships,   p.  14,   sec.  xxxvii. 

DEBTS. 

See  "Indebtedness." 

DEEDS. 

How  executed,   p.  17,   see.  xli. 

DIRECTORS. 

Election  and  tenn  of  office,   p.  18,  sec.  xlv. 

Decreasing  number  of  school  directors  in  wards,    p.  19,   sec. 

xlvi. 
May  qualify  each  other  and  how,   p.  25,   sec.  Ix,   Ixi. 
Must  take  oath  of  office,  p.  25,  sec.  lix,  d.  23. 
Time    and    place    of    election    in    independent    districts    to    b'- 

fixed  by  court,  p.  20,  sec.  xlviii,  d.  12. 
Election  how  decided  in  case  of  tie  vote  n.  21,   sec.  1,  d.  13. 
Term,  how  determined  when  vacancies  are  to  be  filled,  p.  21, 

sec.  1;  p.  21,  d.  13;  p.  22,  d.  14. 
Returns   and   contested   election   to   be   investigated   by  court,. 

p.  22,  sec.  li. 
When  seats  may  be  declared  vacant,   p.  24,   sec.  Iviii ;  p.  25. 

d.  21. 
Manner  of  proceeding  in  contested  election,  p.  22,  sec.  li. 
Vacancies,  when  filled  by  board,   p.  22,  sec.  lii ;  d.  15. 
Appointment   to   fill   vacancies   good   till   the  first  Monday   in 

June  ensuing,   p.  23,   d.  16. 
Resignation,  p.  23,  d.  17. 
Election    in    districts    created    from    townships    or    borough's 

leaving  the  school  district  unchanged,  p.  20,  sec.  xlix. 
High  school  board,  p.  53,  clause  2. 

Exempt  from  serving  in  township  offices,   p.  24,   sec.  liv ;  d. 
20. 


198  INDEX. 

DIRECTORS— Continued. 

Office   of   director   and   auditor   incompatible,    p.   24,    sec.   Iv. 
Office   of  director  and  county   commissioner  incompatible,    p. 

24,  sec.  Ivi. 
Exempt  from  serving  as  collector,   p.  24,   sec.  Ivii. 
Refusal  to  serve  as  director,   how  remedied,   p.  24,   sec.  Iviii. 
Removal  from  office,  p.  24,  sec.  Iviii;  p.  25,  d.  21,  22,  p.  25, 

sec.  Ixii ;  p.  26,  d.  24;  p.  26,   sec.  Ixiii ;  p.  27,   sec.  Ixiv. 
When  term  of  office  begins,  p.  27,   sec.  Ixv  ;  p.  2S,  d.  26,  29. 
When  board  to  organize,   p.  27,  sec.  Ixv,   Ixvi ;  p.  28,  d.  26; 

p.  91,  sec.  ccxii ;  p.  27,  Ixvii. 
Rules  of  order,   forms,   agreements,   etc.,   p.  181-188. 
Levy  and  assess  tax,  p.  90,  sec.  ccx ;  p.  91,  sec.  ccxi ;  d.  129, 

130. 
Can  borrow  money  for  building  purposes,    p.  6S,   sec.  civ. 
Indebtedness,    pp.   68-74. 
What  officers  to  be  elected,  p.  27,  sec.  Ixvi. 
Case  of  failing  to  organize,   p.  28,   d.  27. 
Organization  after  ten  days'  legal,    p.  28,   d.  28. 
Old   boards  shall  call   meeting  of  new,    p.  28,   d.  29. 
What  action   requires  affirmative  votes  of  a  majority  of,    p. 

34,  sec.  Ixxvii. 
Powers  and  duties  of,   p.  34,   sec.  Ixxviii ;  p.  60,   sec.  cxxvi ; 

p.  60,  sec.  cxxviii ;  cxxix ;  p.  61,  sec.  cxxx,  cxxxi. 
Prevent  the  spread  of  contagious  diseases,    pp.  35-39. 
Establish  schools,  p.  34,  sec.  Ixxix ;  p.  35,  sec.  Ixxxi,   Ixxxii ; 

p.  48,   d.  66,   67,   p.  49,   d.  68. 
Shall  meet  with  the  teachers  and  adopt  a  series  of  books,   p. 

79,    sec.   clxxx. 
Shall  purchase  books,   p.  80,   sec.  clxxxi. 
Shall  purchase  school  supplies,   p.  80,   sec.  clxxxi;  p.  81,   d. 

109. 
Shall   keep   separate  account  of  cost   of  books  and   supplies, 

p.  80,   sec.  clxxxii. 
Cannot  become  agents  for  sale  of  books  and  supplies,   p,  82. 

sec.  clxxxvi,   clxxxvii ;  d.  117,   118. 
May  grade  schools,   p.  82,   sec.  clxxxviii ;  d.  119,   120. 
Establish  high  schools  in  cities  and  borough,   p.  50,   sec.  cv. 
Establish  joint  high  schools,  p.  52,  cviii. 
May  fix  the  time  for  sessions  of  school,   p.  S3,   d.  121. 
Leased  lots  and  trust  property,  p.  58,  d.  79,  80. 
May  establish  joint  schools,  p.  56,  sec.  cxx ;  p.  57,  sec.  cxxiii, 

cxxiv;  p.  59,  d.  85,  86. 
May  establish  free  kindergartens,   p.  35,    sec.  Ixxxi. 
Not   bound   by   vote   of   citizens   to   location   of  school   house, 

p.  58,   d.  81. 
Shall  provide  suitable  school  buildings,  p.  26,  sec.  Ixlii. 
May  close  small  schools,  p.  65,  sec.  cxlv. 


INDEX.  lyy 

DIRECTORS— Continued. 

Have  control  of  school  buildings,  p.  58,  d.  S3. 

Shall  provide  separate  water  closets  on  school  grounds,  p.  GO, 

sec.  cxxvi,   cxxvii,   d.  88. 
Remove  waste  matter  from  outhouses,  p.  60,  sec.  cxxviii. 
Shall   provide   accommodations   in  adjoining  districts,    p.   63, 

sec.  cxlii;  p.  64,  d.  92,  93,  94. 
Shall  visit  schools,  p.  74,  sec.  clxviii. 
Shall  direct  what  branches  shall  be  taught,  p.  79,  sec.  clxxix ; 

d.  108 ;   p.  124 ,    sec.  cccvii. 
Shall  pay  expenses  of  schools,  p.  83,  sec.  clxxxix ;  d.  122,  123, 

124. 
Shall  publish  annual  financial  statement,   p.  83,   sec.  cxc,   p. 

84 ,  sec.  cxci ;  d.  125. 
May  suspend   or  expel   pupils,    p.   79,    sec.   clxxix;   p.   81,    d. 

Ill,   112. 
Decide  what  school  pupils  may  attend,  p.  82,  sec.  clxxxviii. 
Appoint  teachers  and  fix  salaries,   p.  54,  sec.  cxii ;  p.  75,  sec. 

clxxiii;  p.  77,  d.  96,  97,  98,  99. 
May'dismiss  teachers,  p.  75,  sec.  clxxiii;  p.  78,  d.  104,  105, 

106. 
Contracts  in  writing,  p.  77,  d.  96. 
Signing  an   agreement  as   individuals   not   binding,    p.  33,    d. 

60. 
Shall  elect  county  superintendent,   p.  117,   sec.  ccxcii. 
t^aid  for  attending  triennial  convention,  p.  118,  sec.  ccxcv. 
Annual  meeting  of,    p.   119,    sec.  ccc. 
Shall  make  report  of  election  to  State  Superintendent,  p.  121, 

sec.  cccii. 
Make   annual    report    to   county   superintendent,    p.    85,    sec. 

exciv. 
Certificate  and  affidavit,    p.  85,   sec.  cxcv. 
The   right   conferred   to   take   private   property   for   public   li- 
brary purposes,   p.  163,   sec.  cccxcv. 
May  join  in  the  establishment  and  maintenance  of  library,  p. 

162,   sec.  cccxciii. 
Shall    provide    shields    or    jackets    for    stoves,     p.    62,     sec. 

cxxxvii. 
Thermometers  for  school  rooms,   p.  63,   sec.  cxxxix. 
DISTRICTS. 

What  constitutes  a  district,  p.  1,  sec.  i. 

Notice  to  persons  having  claims  against  districts,   p.  13,   sec. 

xxxi,   xxxii,   xxxiii,    p.  14,   sec.  xxxiv. 
Boroughs  and  townships  separated,   p.  1,   sec.  ii. 
Cities  and  boroughs  divided  into  wards,   p.  1,   sec.  iii ;  p.  2, 

sec.  iv ;  d.  1. 
Can  purchase  and  sell  property,   p.  17,   sec.  xl ;  d.  10. 
May  purchase  ground  and  hold  for  future  use,  d.  17,  d.  10. 

14 


-iW  INDEX 

DISTRICTS— Continued. 

Suits  by  and  against,  p.  17,  sec.  xlii. 
Indebtedness  of  districts,  pp.  66-74, 
Against  whom  execution  shall  issue  in  judgment,   p    17     sec 

xliii.  ' 

Debts  contracted  binding  on  future  boards,  p.  18,  d.  11 
Costs   of  collection   against   districts,    how   paid,    p.   14,    sec. 

xxxiv,  XXXV. 
Inhabitants  of  districts  competent  as   witnesses,    p.   18     sec 

xliy. 

DISTRICTS,    CONSOLIDATED. 

P.  1,   sec.  iii ;  p.  2,   d.  1. 
DISTRICTS,    INDEPENDENT. 

How  formed,   p.  2,  sec.  v;  p.  3,  sec.  vi. 
Time  and  place  of  election  fixed  by  court,  p.  18,  sec.  xlv. 
Expense  of  election  to  be  paid  by  the  county,  p.  20,  d.  12. 
When  to  go  into  operation,  p.  3,  sec.  vii,  d.  2,  3. 
Rights,  powers  and  duties,   p.  4,  d.  4 ;  p.  40,  sec.  xciii. 
How  abolished,  p.  4,  sec.  ix. 

To  share  in  high  school  appropriation,  p.  39,  sec.  xci. 
DISTRICT,    CHANGES. 

New  dfstricts  go  into  operation,  p.  3,  sec.  vii,  d.  2,  3     p.  5 

sec.  xi,  p.  9,  d.  7.  >     •     • 

Division  of  property,   p.  5,   sec,  xi ;  p.  7,   d.  5. 
Borough  school  districts  shall  share  in  rights  and  liabilities  of 

townships  from  which  formed,   p.  10,   sec.  xxvi. 
Money  and  debts  of  old  and  new  districts,  p.  7,  d.  6;  p.  11, 

sec.  xxviii. 
Real  estate  and  movable  property  to  pass  with  territory  where 

located,  p.  7,  sec.  xviii. 
Courts  may  annex  lands  or  parts  thereof  for  school  purposes, 

p.  8,   sec.  xix,   XX ;  p.  9,   sec.  xxi. 
Duties  of  clerks  of  courts  in  formation  of,  p.  9,  sec.  xxiii. 
Duties  of  clerks  of  commissioners  in  formation,  n.  9.  sec   xxv  • 

p.  10,  d.  8;  p.  14,  d.  9. 
Proceedings  pending,    building  tax  cannot  be  collected,   p.  9, 

sec.  xxiv. 
Penalty  for  neglect  of  duty  of  commissioners,   p.  14,  d.  9. 
Rights  and  liabilities  when  townships  have  been  divided  into 

two  or  more  boroughs,   p.  10,  sec.  xxvii ;  p.  11,  sec.  xxviii. 
Annexation  of  a  city,   borough  or  township  to  a  city,   p.  16, 

sec.  xxxviii. 
Courts  may  alter  boundaries  between  boroughs  and  townships, 

p.  14,  sec.  xxxvii. 

DISTRICT    SUPERINTENDENTS. 
P.  140,  sec.  cccxli. 


DUTY   OF  COUNTY   Oi'FlCiALiC). 

P.  128,   sec.  cccxvi. 
EXAMINATIONS  OF  TEa^HERS. 

P.  129,  cec.  cccxviii;  p.  129,  d.  169,  170,  171. 

EVENING  SCHOOLS. 
Pp.  166,  168. 

FACTORIES. 

Employment  of  children,  pp.  41-44;  pp.  170-177. 

h'lRE   ESCAPES. 

P.  62,  sec.  cxxxv. 
FIRE  PLUGS. 

P.  60,   sec.  cxxix. 

b'LAGS. 

P.  50 j^  sec.  civ. 
FOREST  RESERVE  TAX. 

P.  101,  sec.  ccxliii,  ccxliv. 

FREE   BOOKS. 

"Books  and   School   Suoolies,"   p.  80,   sec.  clxxxi. 

Forms,   agreements,  etc.,  p.  183. 
GARB  OF  TEACHERS. 

P.  76,   sec.  clxxvi ;  p.  77,   sec.  clxxvii. 
(ItRADUATES  OF  COLi.EGES. 

P.  137,  sec.  cccxxxii,  cccxxxiii. 
HIGH  SCHOOLS. 

Appropriations  for,  p.  179,  act  1909. 

High  schools  may  be  established,  p.  52,  sec.  cvii. 

Course  of  instruction,   p.  52,  sec.  cvii. 

May  establish  joint  high  schools,   p.  52,   sec.  oviii ;  cix. 

Divided  into  grades,  p.  53,  sec.  ex. 

Appropriations,   p.  54,  sec.  cxi ;  p.  179,  act  of  1909. 

Teachers,  p.  54,  sec.  cxii. 

Sworn  statement,  p.  54,  sec.  cxiii. 

Supervision  of  high  schools,   p.  54,   sec.  cxiv. 

Course  of  study  must  be  approved,  p.  55,  sec.  cxvi. 

Acquirement    of    land    for,     p.    177,     sec.    ccccxli,     ccccxlii . 
ccccxliii. 

Requirements  of,   p.  54,   sec.  cxii;  p.  55  cxvi;  p.  179,   act  of 
1909. 

Minimum  number  of  pupils,   p.  179,   act  of  1909. 

HIGH  SCHOOLS,  ACT  OF  1907. 

P.  55,  sec.  cxv. 
HIGH  SCHOOLS   IN  CITIES   AND  BOROUGHS   (1893) 

Pp.  50-55. 


202  INDEX. 

HOLIDAYS. 

P.  86,  sec.  cxcvii ;  p.  40,  sec.  xcii. 

Teaching   on   legal   holidays   and    Saturday   forbidden,    p.   87. 
sec.  cxcix. 

HOME  FOR  FRIENDLESS  CHILDREN. 

Pp.  165-166. 
HOUSES. 

To  be  erected,  p.  56,  sec.  cxx;  p.  57,  d.  74;  p.  58,   d.  75-82. 
Must  provide  a  sufficient  number,   p.  26,  sec.  Ixiii ;  Ixiv. 
May  be  granted  for  literary  purposes,  p.  57,  sec.  cxxii. 
Location  of,   p.  57,   d.  74;  p.  58,  d.  75-76;  p.  63,   sec.  cxli ; 

d.  89-91. 
Sites ,  p.  63 ,  sec.  cxli ;  d.  89-91. 
Plans  for  buildings,  p.  56,  sec.  cxxi ;  p.  58,  d.  82. 
Water  closets,   p.  60,   sec.  cxxvi ;  cxxvii ;  d.  88. 
Small  schools  may  be  closed,  p.  65,  sec.  cxlv. 
Fire  escapes,  p.  62,  sec.  cxxxv,  cxxxvi. 
Care  and  control,    p.  58,   d.  84. 
To  be  used  for  school  purposes,   p.  58,   d.  84. 
Furniture  and  fuel  to  be  provided  for,  p.  56,  sec.  cxx;  p.  59, 

d.  o  i . 
United  States  flags  may  be  purchased  for  public  school  houses, 

p.  50,  sec.  civ. 
Sanitation,     relative    to    heat    and    ventilation,     p.    62,    sec. 

cxxxvil,  cxxxviii. 
A  thermometer  shall  be  placed  in  every  school  room,  p.  63,  sec. 

cxxxix. 

HUMANE  EDUCATION. 

P.  125,   sec.  cccxi. 

INCOMPATIBILITY  OF  OFFICES. 
P.  24,   sec.  Iv;  Ivi. 

INCREASING   INDEBTEDNESS. 

Pp.  69-75. 
INDEBTEDNESS. 

Pp.   69-71. 
INSTITUTES. 

County,   p.  131,   sec.  cccxx,  cccxxi. 

To  be  called  by  county  superintendent  once  in  each   vear,   p. 
131 ,  sec.  cccxx. 

Roll  of  members  to  be  kept,   p.  131,   sec.  cccxxi. 

Appropriation  for,  p.  131,   sec.  cccxxi. 

(Compensation  of  teachers  for  attendance,  p.  1.32,  sec.  cccxxi i  • 
p.  133,  d.  179. 

Schools  to  be  closed,   p.  87,   sec.  cxcix. 

File  accounts  with  county  treasurer,  p.  133,  sec.  cccxxvii. 

Vouchers  to  be  examined  by  auditors,  p.  133,  sec.  cccxxvii. 


INDEX  203 

INSTITUTES— Continued. 

Report  of  institute  to  be  sent  to  State  Superinteudent,  p.  I'SH, 

sec,   occxxviii. 
Cities  and  borough^  having  not  less  than  fifty  teachers  may 

have  separate  institutes,   p.  132,   sec.  cccxxv. 
May  hold  on  five  days  or  ten  half  days,  p.  133,  sec.  cccxxvi. 
Note,   p.  133. 
INTERSTATE  COMITY. 

In  teachers'  certificates,    p.   137,   sec.  cccxxxiv,    p.  188,    sec. 
cccxxxv,   cccxxxvi. 

KINDERGARTENS. 

Directors    may    establish    and    maintain,    p.    35,    sec.    Ixxxi, 
Ixxxii. 

LIABILITIES. 

See  "Indebtedness." 
LIBRARIES,  DISTRICT  SCHOOL,  ACT  OF  1S(>4. 

How  established,   p.  159,   sec.  ccclxxxiv. 

Ownership,  p.  159,  sec.  ccclxxxv. 

Duties  of  boards,  p.  160,   sec.  ccclxxxvi. 

Selection  of  books,    p.   160,    sec.   ccclxxxvi. 
LIBRARIES,   FREE,   ACT  OF  1895. 

How  established,  p.  160,  ccclxxxvii. 

School  houses  may  be  used,   p.  160,   sec.  ccclxxxviii. 

Buildings  may  be  purchased,   p.  160,  sec.  ccclxxxviii. 

Levy  of  tax,   p.  161,   sec.  ccclxxxix. 

Trustees  of  library,  p.  161,  sec.  cccxc. 

Powers  and  duties  of,  p.  161,  sec.  cccxc. 

Vacancy,  p.  161,  sec.  cccxc. 

Report,  p.  161,  sec.  cccxc. 

Under  State  Librarian,  p.  161,  sec.  cccxci. 

Gifts  and  endowment,   p.  162,   sec.  cccxcii. 

LIBRARIES,  FREE,  ACT  OF  1897. 

Borough    council    may    make   appropriation    to    establish    and 
maintain  free  public  libraries,  p.  164,  sec.  cccxcviii. 

Or  aid  those  now  incorporated,   p.  164,  sec.  cccxcviii. 

Municipal   authorities   shall   be   represented   in   their  manage- 
ment, p.  164,  sec.  cccxcviii. 

Appropriations  not  to  exceed  one  mill  on  the  dollar,   p.  165, 
sec.  cccxcix. 
LIBRARIES  UNDER  ACT  OF  1901. 

The  right  conferred  to  take  private  property  for  public  library 
purposes,  p.  163,  sec.  cccxcv. 

Distribution   of  library,    p.   164,    sec.  cccxcvi. 

Powers  and  duties,   p.  164,  sec.  cccxcvii. 

Election  and   term  of  member,    p.   164,   sec.  cccxcvii. 


204  INDEX 

LIBRARIES,   FREE,   ACT  OF  1903. 

Adjoining  townships  may  establish,   p.  162,   sec.  cccxciii. 

Free  public,   non-sectarian,   p.  162,   sec.  cccxciii. 

Expense  and  maintenance,  p.  162,  sec.  cccxciii. 

May  levy  tax,  p.  162,  sec.  cccxciii. 

Aid  existing  library,   p.  162,   sec.  cccxciii. 

Managers  shall  annually  report,  p.  162,  sec.  cccxciii. 

MASTERS'  NORMAL  DIPLOMA 

P.  153,  sec.  ccclxx. 
MEETINGS   OF   THE   BOARD. 

When   to  be  held  and  business  to   be  transacted,    p.  32,   sei 
Ixxiv,  d.  56,  57;  p.  33,  d.  58-62. 

President  and  secretary  pro  tempore  may  be  appointed,  p.  32. 
sec.  Ixxiii,  d.  55. 

Four  members  can  transact  any  business,   p.  32,   d.  57. 

Tie  vote  loses  the  question,   p.  33,  d.  61. 

Resolutions  should  be  put  in  writing,  p.  33,  d.  58. 

Stated  meetings,  p.  33,  sec.  Ixxv. 

Special  meetings,  how  called,  p.  34,  sec.  Ixxvi. 

Majority  of  the  board  necessary,  p.  34,  sec.  Ixxvii 
MINERS'  CHILDREN. 

P.  40,   sec.  xciii,    pp  170-174. 
MINIMUM  OCCUPATION  TAX. 

P.  95,   sec.  ccxxii,   ccxxiii ;  p.  96,  sec.  ccxxiv. 
MINIMUM  SALARY  OF  TEACHERS. 

P.  74,  sec.  clxix,   clxx ;  p.  75,  d.  1. 
MONTH. 

Consist  of  twenty  days'  actual  teaching,  p.  87,  sec.  cxcix. 

Schools  cannot  be  kept  open  on  holidays,  or  during  county  in- 
stitute, p.  87,  sec.  cxcix. 
NORMAL   ELEMENTARY   CERTIFICATES. 

P.   153,    sec.   ccclxix. 
NORMAL  SCHOOLS. 

State  divided  into  thirteen  normal  school  districts,  p.  141,  ser 
cccxliii,  cccxliv. 

Establishment  of  schools,  p.  142,  sec.  cccxlv. 

Pecuniary  affairs  to  be  managed  by  a  board  of  trustees,    p 
142,   sec.  cccxlvi. 

Election  and  appointment  of  trustees,   p.  142,   sec.  cccxlvii. 

Number  of  trustees  constituting  a  quorum,   p.  143,   sec.  cccli 

Appropriations,  how  distributed,  p.  144,  p.  179,  act  of  1909, 
sec.  cccliv. 

Indebtedness,   p.  144.   s^c.  rco]y.  fcclvi ;  p.  145.   see.  cecfviJ 
ccclviil, 


INDEX.  205 

NORMAL  SCHOOLS— Continued. 

Insurance,   p.  157,   sec.  ccclxxvii,   ccclxviii. 
Authorized  to  refund  bonded  indebtedness,  p.  155,  sec.  cccixxii. 
State  liens,  p.  144,  sec.  ccclvi. 

Bonds  and  mortgages,  p.  155,  sec.  ccclxxiii,  ccclxxiv. 
Gifts  and  bequests,  p.  145,  sec.  ccclx. 

Trustees  to  make  annual  report  in  October  to  State  Superin- 
tendent, p.  146,  sec.  cclxi;  p.  146,  note. 
Schools  open  to  the  visitation  of  the  State  Superintendent  and 

county  superintendents,  p.  146,  sec.  ccclxi. 
Buildings  and  grounds,  p.  146,  sec.  ccclxii. 
Halls,   rooms,  etc.,  p.  146,   sec.  ccclxii. 
Library,    p.   146,    sec.  ccclxii. 
Professors,  p.  146,  sec.  ccclxii. 
Model  School,   p.  146,  sec.  ccclxii. 
Qualifications  and  term  of  study,   p.  147. 
Meeting  of  principals,  p.  148. 
Text  books,   p.  148. 
Private  students,  p.  148. 
Annual   examination,    p.   148,    sec.   ccclxiii. 
Board  of  examiners,   how  constituted,   p.  149,   sec.  ccclxv. 
Expenses,  how  paid,  p.  149,  sec.  ccclxvi. 
Number  of  votes  required  to  graduate,  p.  149,  sec.  ccclxvi. 
Faculty  to  be  appointed  by  board  of  trustees,   p.  150,  d.  184- 

187. 
Principals  to  have  supervision  of  the  work  of  instruction,   p. 

150,   d.  184-185. 
Students  over  seventeen  years  of  age  may  draw  allowance  from 

State,  p.  150,  d.  189;  p.  151,  d.  190. 
Allowance  to  students,  p.  150,  d.  189. 
Conditions  upon  which  allowances  are  to  be  paid,   p.  150,   d. 

189. 
Requisites  to  obtain  benefits  of  this  act,   p.  150,  d.  189. 
Rival  applications,    p.  152,    sec.   ccclxviii. 
Certificates  to  be  issued  to  graduates,  p.  153,  sec.  ccclxix. 
Valid  to  teach  for  two  years  in  any  part  of  the  State,  p.  153. 

sec.  ccclxix. 
Additional  branches,   p.  153,   sec.  ccclix. 
Master  diploma  or  certificate  of  competency  may  be  granted 

after  the  expiration  of  two  full  terms  of  actual  teaching,  p. 

153,   sec.  ccclxx. 
Practical   teachers,    though  not  students  of  a  normal  school, 

may  receive  a  State  certificate,   p.  153,   sec.  ccclix,  ccclxx. 
Requisites    to    obtain    said    certificates,    p.    153,    sec.    ccclix, 

ccclxx,  p.  154,  d.  191-193. 


206  INDEX. 

NORMAL  SCHOOLS— Continued. 

State  Board  can  grant  no  provisional  certificates,  p.  154,  sec. 

ccclxxi. 
State  Superintendent  to  give  instruction  and  prescribe  forms, 
p.  157,   sec.  ccclxxix. 

OATH  OF  OFFICE. 

Directors  shall  take,  p.  25,  sec.  lix. 
Superintendents  shall  take,    p.  123,  sec.  cccv. 
Collectors  shall  take,   p.  98,   sec.  ccxxxiii. 

OCCUPATION  TAX. 

P.  96,  sec.  ccxxiv,  ccxxv,  ccxxvi. 

OFFICES  INCOMPATIBLE. 

P.  24,  sec.  Iv,  Ivi,  Ivii. 

ORGANIZATION  OF  BOARD. 

P.  27,   sec.  Ixv,   Ixvi,   Ixvii.  ft 

OUTBUILDINGS. 

P.  60,   sec.  cxxvi,   cxxvii. 

Waste  matter  to  be  removed,  p.  60,  cxxviii. 

PARKS. 

P.  61,    sec.   cxxxii,    cxxxiii,    cxxxiv. 

PHYSICAL  CULTURE. 

P.  169,   sec.  ccccxvi,   ccccxvii. 

PERMANENT  CERTIFICATE. 
P.  134,  sec.  cccxxix. 

PHYSIOLOGY  AND  HYGIENE. 

P.  125,  sec.  cccx;  p.  126,  sec.  cccxii,  cccxiii ;   p.  126,   d.  158- 
161. 

PRACTICAL  TEACHERS'   STATE   CERTIFICATE. 

P.  1.53,  sec.  ccclxx. 

PRESIDENT  OF  BOARD  OF  DIRECTORS. 

Duties  of,   p.  28,  sec.  Ixviii,  d.  30;  p.  29,   d.  31,  32;  p.  85. 

sec.  cxcv. 
Appointment  of  pro  tempore,  p.  32,  sec.  Ixxiii. 

PROFESSIONAL  CERTIFICATES. 
P.  134,   sec.  cccxxix. 

PROVISIONAL   CERTIFICATES. 

P.  124,  sec.  cccviii,   cccix ;  p.  129,   sec.  cccxviii ;  p.  134,   sec. 
cccxxix. 


INDEX.  207 

PUPILS. 

See  "Scholars." 

RETIREMENT  FUND  FOR  TEACHERS. 

P.  87,  sec.  cc,  cci.  .. 

RELIGIOUS  GARB  BILL. 

"Garb  of  Teachers,"  p.  76,  sec.  clxxvi ;  p.  77,  sec.  clxxvii. 

RESIDENCE,   LEGAL. 

P.  23,  sec.  liii,  d.  IS;  p.  24,  d.  19;  p.  49,  d.  71-73. 

REFUSAL  TO  CALL  SPECIAL  MEETING. 
P.  34,  sec.  Ixxvi. 

RULES  OF  ORDER. 
P.  181. 

SALARIES. 

Fixing  salaries  of  county  superintendents,  p.  118,  sec.  ccxcvii. 
Teachers'  minimum  salary,  p.  74,  sec.  clxix,  clxx ;  p.  75,  d.  1. 

SCHOLARS. 

Attendance  compulsory,  p.  40-48. 

Common  school  scholars,  age  of,   p.  34,  sec.  Ixxix;  p.  48,   d. 

66-67. 
To  what  school  sent,  p.  82,  sec.  clxxxviii ;  p.  63,  sec.  cxlii ;  p. 

64,   sec.  cxliii,   d.  93-94. 
Residence  to  be  in  district,  p.  49,  d.  69-71. 
Directors  must  determine  place  of  residence,  p.  49,  d.  73. 
Admission  of,  p.  34,  sec.  Ixxix. 
May  be  admitted  in  other  districts,  p.  63,  sec.  cxlii;  p.  64,  sec. 

cxliii,  d.  93-94;  p.  55,  sec.  cxv. 
Expulsion  and  suspension,   p.  79,   sec.  clxxix ;  p.  81.  d.  111- 

112. 
Deaf  mutes,  p.  55,  sec.  cxvii,  p.  56,  sec.  cxviii. 
Blind  children,  p.  56,  sec.  cxix. 
Soldiers'  children,   p.  49,   sec.  ciii. 
Entrance  of  beginners,  p.  34,  sec.  Ixxx. 
May  attend  school  nearer  than  one  and  one-half  miles,  p.  64, 

sec.  cxliv. 
May  attend  a  high  school  in  adjoining  district,  p.  55,  sec.  cxv; 

p.  179,  act  of  1909. 
Certain   children   not   allowed    to   attend   school,    p.   35,    sec. 

Ixxxiii ;  p.  36,  sec.  Ixxxiv ;  p.  37,  see.    Ixxxr,  Ixxxvi  :  p.  38, 

sec.  Ixxxvii. 
Miners'  children ,  p.  40 ,  sec.  xciii ;  pp.  170-174. 
Factory  children,  p.  39,  sec.  xci ;  p.  40,  sec.xcii ;  pp.  170-174. 
In  custody,  note,  p.  48. 
Commitment  of  children,   note,   p  48. 


208  INDEX. 

SCHOOL  BOOKS. 

P.  79,   sec.  clxxx,   p.  80,   sec.  clxxxi. 

SCHOOL  CENSUS. 
P.  45,  sec.  xcvii. 

SCHOOL  SUPPLIES. 
P.  80,  sec.  clxxxi. 
School  term,  p.  86,  sec.  cxcviii. 

SCHOOL  MONTH. 

P.  87,  sec.  cxcix. 

SCHOOL  DAY. 
P.  83,  d.  121. 

SCHOOL  TAX. 
See  "Tax." 
SCHOOLS. 

Schools  in  cities  of  the  third  class  under  act  of  1874.  p.  108- 

112. 
Joint  High  Schools,  p.  52,  sec.  cviii,  cix ;  p.  179. 
Sufficient  number  of  common  schools,  p.  34,  sec.  Ixxix ;  p.  48, 

d.  66-68;  p.  26,  sec.  Ixiii,  p.  27,  sec.  Ixiv. 
No  distinction  on  account  of  race  and  color,  p.  84,  sec.  cxcii, 

cxciii. 
For  deaf  mutes,  p.  55,  sec.  cxvii,  p.  56,  sec.  cxviii. 
Blind  children,  p.  56,  sec.  cxix. 
Night  schools,   pp.  166-168. 
High  schools  in  cities  and  boroughs  having  over  five  thousand 

inhabitants,   p.  50,  sec.  cv.  pp.  50-52. 
High  schools,  act  of  1895,  p.  53,  sec.  cvii,  cviii,  cix;  p.  54, 

sec.  ex,  cxi,  cxii,  cxiii. 
Small  schools  may  be  closed,   p.  65,  sec.  cxlv,  cxlvi. 
High  schools,  act  1907,  p.  55,  sec.  cxv. 
.     Graded  schools,   p.  82,   sec.  clxxxviii,  d.  119-120. 
Athletic  schools,  p.  112,  sec.  cclxxi. 
For  adults,   including  foreigners,   p.  112,   sec.  cclxxii. 
Industrial  schools,  p.  112,  sec.  cclxxi. 
SCHOOL  JOURNAL. 

Official  organ,  p.  128,  sec.  cccxvii. 

To  be  furnished   each  district,    p.   128,    sec.   cccxvii,    d.  165- 

168. 
SECRETARY. 

Duties  of,  p.  29,  sec.  Ixix. 

Make  annual  district  report,  p.  29,  sec.  Ixix. 

To  notify  county  superintendent  of  employment  of  teachers,  p. 

29,  d.  33.  ^ 


INDEX  20» 

SBCRETARi:— Continued. 

May  or  may  not  be  a  member  of  the  board,  p.  27,  sec.  Ixvii. 
Appointment  of  secretary  pro  tempore,   p.  32,   aec.  Ixxiii,   d. 

55. 
To  send  address  of  officers  to  State  Superintendent,  p.  29,   d. 

33. 
To  furnish  principal  or  teacher  with  a  list  of  children  subject 

to  the  provisions  of  the  compulsory  act,  p.  45,  sec.  xcvii. 

SINKING  FUND. 

How  created,   p.  110,  sec.  cclxvii. 
SITES. 

P.  63,  sec.  cxli;  d.  89-91;  p.  58,  d.  77-78. 

SOLDIERS'  CHILDREN. 

P.  49,  sec.  ccciii. 
CTATE  APPROPRIATION. 

P.  90. 
•SLATE  SUPERINTENDENT. 

To  be  appointed  by  the  Governor,  p.  113,  sec.  cclxxix. 

Confirmed  by  the  Senate,  p.  113,  sec.  cclxxix. 

Term  of  office  for  four  years,  p.  114,  d.  148. 

Duties  of,  p.  114,  sec.  cclxxx. 

To  decide  controversies  and  disputes  between  boards  of  direc- 
tors, p.  114,  sec.  cclxxxi. 

To  give  advice  and  explanations,  p.  114,  sec.  cclxxxii. 

Sign  orders  for  State  appropriation,  p.  114,  sec.  cclxxxii. 

To  prepare  and  distribute  blank  forms,  p.  115,  sec.  cclxxxvi. 

Issue  permanent  certificates,   p.  134,   sec.  cccxxix. 

To  issue  State  teachers'  permanent  certificates  to  college  grad- 
uates, p.  137,  sec.  cccxxxii. 

Commission  superintendents,   p.  122,  sec.  ccciv. 

Appoint  trustees  of  normal  schools,  p.  142,  sec.  cccxlvii ;  p 
143,  sec.  cccl. 

Make  annual  report,  p.  116,  sec.  cclxxxvii. 

Provide  seal,  p.  116,   sec.  cclxxxviii. 

Appoint  a  deputy,  p.  116,  sec.  cclxxxviii. 

Can  remove  county  superintendents,  p.  116,  sec.  cclxxxix ;  p. 
119,  sec.  C(xcix]  p.  127,  d.  164. 

Pill  vacancies  of  county  superintendents,  p.  116,  sec.  cclxxxix; 
p.  127,  sec   cccxiv. 

Prescribe  fonns  for  normal  schools,  p.  157,  sec.  ccclxiix. 

Approve  rult3  and  by-laws  of  boards  of  trustees,  p.  143,  sec. 
cccli. 

Issue  of  certificate  of  competency,   p.  121,   sec.  cccii. 

.''  uthorized  to  endorse  normal  school  diplomas  and  permanent 
certificates  granted  to  teachers  in  other  States  in  the  Union, 
p.  137.  aec.  cccxxxiv.  p.  138,  sec.  cccxxxv, 


210  INDEX. 

STUDIES. 

P.  124,  sec.  cccix,   p.  125,   sec.  cccx,   cccxi. 

SUITS. 

By  and  against  districts,  p.  17,  xlii. 

SUPERINTENDENTS. 

Cities,  boroughs  and  townships  may  elect,   p.  138-141. 

SUPPLIES. 

P.  80,   sec.  clxxxi. 

Officers  of  institutions  receiving  State  aid  not  to  sell  supplies, 
p.  145,  sec.  ccclix. 

SUPERVISING  PRINCIPALS, 
i*.  140,  sec.  cccxli. 

TAX. 

Amount  of,  how  determined,  p.  90,  sec.  ccx ;  p.  91,  d.  128;  o. 

91,  sec.  ccxi;  p.  91,   d.  129-131. 
Requires  affirmative  votes  of  a  majority,  p.  34,  sec.  Ixxvii. 
Levy  and  apportionment  of,   p.  91,   sec.  ccxl. 
School  tax  when  to  be  levied,  p.  27,  sec.  Ixv ;  p.  91,  d.  129-132. 
When  collectors  may  add  five  per  tfent.,  p.  99,  sec.  ccxxxvii. 
Exonerations,  p.  100,  sec.  ccxl. 

Debt  of  former  years,  how  provided  for,  p.  91,  d.  134. 
Amount  of,   limited,   p.  92,  d.  135;  p.  93,   d.  140,   141. 
Special  tax  in  cities  and  boroughs,  p.  92,  sec.  ccxiv. 
Building  tax,  p.  92,  sec.  ccxiii. 

How  taxes  applied,  p.  92,  d.  136,  p.  93,  d.  137-139. 
Statement  of  taxes  collected  made  to  secretary,    p.  104,    sec. 

ccli. 
Collections  to   be  paid   treasurer  on   or  before   tenth    of  each 

month,  p.  104,  sec.  ccli. 
failure  to  make  payment,  p.  104,  sec.  ccliii. 
Building  tax,  limited,  p.  93,  d.  140-141. 
What  things   taxable,    p.   91,    sec.   cccxi;  93,    d.   142-143. 
Names  of  persons  omitted,  p.  94,  sec.  ccxvi,  d.  144. 
Kinds  of  school  tax,  p.  96,  sec.  ccxxvi. 
Limit  of  tax  on  trades,  professions  and  occupations,  p.  96,  sec. 

ccxxiv. 
Per  capita  tax  of  one  dollar,  p.  96,  sec.  ccxxiv,  ccxxvi.     (See 

note.) 
Persons  taxable  on  trades,  professions  and  occupations,  p.  95, 

sec.  ccxxiii. 
Lien  of  taxes  limited,  p.  103,  sec.  ccl. 
Churches,  hospitals,  universities,  p.  96,  sec.  cexxvii. 
Unseated  lands,   p.  100,   sec.  ccxlli. 
Forest  reserves,  p.  101,  sec.  ccxliii. 


INDEX.  211 

TAXABLES. 

Basis  of  State  appropriation,  p.  90.  (Note.)  P.  95,  sec. 
ccxxiii. 

Number  of  taxables  to  be  ascertained  by  the  county  commission- 
ers, p.  115,  sec.  cclxxxiii. 

Certified  list  to  be  sent  to  the  State  Superintendent,  p.  115, 
sec.  cclxxxiii. 

When  to  be  forwarded,   p.  115,   sec.  cclxxxiii. 

In  case  of  commissioners'  neglect,   p.  115,   sec.  cclxxxiv. 

How  errors  may  be  corrected,  p.  115,  sec.  cclxxxv. 

When  new  districts  have  been  formed,  p.  9,  sec.  xxii,  xxiii, 
d.  7,  XXXV ;  p.  10,  d.  8. 

TEACHERS. 

Qualifications  of,   p.  124,  sec.  cccix,   p.  125,  sec.  cccx,  cccxi. 
To  be  appointed  by  directors,   p.  75,   sec.  clxxiii ;  p.  76,   sec. 

clxxv. 
Persons  who  use  intoxicating  liquors  as  a  beverage  not  to  be 

licensed,  p.  124,  sec.  cccix. 
Election  of  requires  affirmative  vote  of  a  majority  of  the  board. 

p.  34,  sec.  Ixxvii. 
To  have  an  agreement,  p.  77,  d.  96. 
The  certificate  a  good  guide,  p.  77,  d  97. 
May  be  elected  for  two  and  three  years,  p.  76,  sec.  clxxv. 
Family,   political  or  church  influence  not  to  be  permitted,   p. 

77,   d.  99. 
Jurisdiction  over  pupils,   p.  77,   d.  100. 
To  be  impai-tial,  p.  78,  d.  101. 
Right  to  punish ,  p.  78 ,  d.  102-103. 
May  suspend  pupils,    p.  81,    d.  112. 
Dismissal  of  teachers,  p.  75,  sec.  clxxiii;  p.  78,  d.  104-106;  p. 

34,  sec.  Ixxvii. 
To  make  monthly  reports,   p.  79,  sec.  clxxviii. 
Salary  to  draw  interest,  p.  83,  d.  124. 
To  report  absentees,  p.  46,  sec.  xcix. 
To   close   schools    on    Saturdays,    legal    holidays    and    during 

county  institute,  p.  87,   sec.  cxcix. 
To  attend  county  institutes,  p.  131,  sec.  cccxx,  cccxxi ;  p.  132. 

sec.  cccxxii. 
Compensation   for  attending   institutes,    p.   132,    sec.   cccxxii, 

cccxxiii ,  cccxxiv  ;  d.  178. 
Retirement  fund,  p.  87,  sec.  cc,  cci. 

TERM. 

Length  of,  p.  S6,  sec.  cxcviii ;  p.  90,  sec.  ccx ;  p.  91,  d.  128; 

p.  127,  d.  162. 
Requires  affirmative  votes  of  a  majority  of  board,  p.  34,  sec. 

Ixxvii. 


212  INDEX'. 

TEXT  BOOKS. 

P.  79,  sec.  clxxx;  p.  80,  sec.  clxxii,  cixxziii. 

TOWNSHIP  SUPERINTENDENTS. 
P.  138-141. 

TOWNSHIP  SUPERVISING  PRINCIPALS. 

P.  140,   sec.  cccxli ;   p.  141,   sec.  cccxlii. 

TRANSPORTATION. 

School  directors  may  provide  transportation  for  children  when 
schools  are  clospd  by  reason  of  small  attendance,  p.  65.  sec. 
cxlv,  cxlvi. 

TREASURER. 

Election  of,  p.  27,  sec.  Ixvi. 

In  cities  of  the  third  class,  p.  Ill,  sec.  cclxix. 

Bond  duties  and  percentage,   p.  30,   sec.  Ixxi. 

To  pay  orders,  p.  30,  sec.  Ixxi,  d.  43,  p.  31,  d.  44-46. 

To  pay  executions,  p.  17,  sec.  xliii ;  p.  31,  d.  47. 

Not  to  be  appointed  until  accounts  are  settled,  p.  30,  sec.  Ixxi, 

d.  42;  p.  31,  d.  48;  p.  31;  sec.  Ixxii. 
fercentage  not  allowed  on  money  on  band,  p.  31,  d.  62. 
To  pay  interest  on  money  on  hand,  p.  31,  d.  53. 
Cannot  convert  school  funds  to  his  own  use,  p.  SI .  «l.  r4 

Accounts  to  be  settlpd  Ht  nnditnra.   p.  81  .   <J    Bn 

riNSEATED  LANDP 
See  "Tax." 

VACCINATION. 

P.  39,  sec.  Ixxxix ,  xc. 

Resolution  of  the  Advisory  Boara  and  the  Commissioner  of 
Health  regarding  vaccination,  p.  ISO. 

VACANCIES  IN  SCHOOL  BOARDS. 
P.  22,  sec.  lii;  pp,  22,  23 

WASTE  MATTER. 
P.  60,  sec.  cxxviii. 

WATER  CLOSETS. 

P.  60,   sec.  cxxvi,   cxxvii,   d.  88. 

Waste  matter  to  be  removed,   p.  60,  sec.  cxxviii. 

WATER  SUPPLY. 

Directors  may  contract  for,  p.  60,  sec.  cxxix. 
Payment  of  costs ,  p.  61 .  sec.  cxxx. 

IBA  AND  NAY  VOTE, 
p.  34.  nee.  IxxTii. 


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